Every couple handles funds and assets differently. It’s no longer the default for a married couple to share all of their money and belongings equally. In fact, according to a report by Bank of America from 2018, 28 percent of millennials keep their bank accounts completely separate from their spouse. Even more than that have at least some sort of individual bank accounts that aren’t shared. So it makes sense that a married person may also want to buy a house on their own, without any money from their spouse. This is especially reasonable if you’re separated but legally married and haven’t been divorced yet. The question is, is it possible to buy a home and get a loan for it without including your spouse on the application? Nichelle Garrison came to a First Time Home Buyers Facebook group for answers. When Garrison told her lender she was buying a house on her own, she was told that because she was married, her husband’s credit would need to be run as well. “Can someone please explain to me why?” she asked the group. Garrison got an array of answers, some telling her this was the way it had to be, some saying if she just found another lender, she wouldn’t have to include her husband on the loan application. It turns out, the true answer is a bit more complicated. It has to do with what state you live in. If you reside in what is called a non-community property state, you should be able to apply for a loan without your spouse. If you’re from a state like Louisiana, however, which has community property laws, like Garrison is, it’s a different story. These states are referred to as community property states. “It’s true if you are trying to qualify for FHA or VA and live in a community property state,” one man, Peterson Shorts, commented. “[Your husband’s] score doesn’t matter, but any non joint credit liabilities that he has will be added to your debts. Your income would have to be sufficient to support both to qualify.”

What is a community property state?

A community property state is a state with community property laws, meaning that in these states, property or income acquired by people in a marriage is considered community property, or marital property, and legally belongs to both spouses. Married couples in these states legally own everything together. Only nine states have community property laws, though. Those are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Because of this law, if you are buying a house in one of these states, you will need to have your spouse on the loan application. This is because, in a community property state, your money and property is legally your spouse’s money and property, too. So even if only one spouse is on the loan mortgage, they will have to check the credit of the other spouse. “In a community property state what the husband or wife does affects the other. For example if you take out a loan and do not pay on it he becomes responsible. And the same is true if he takes out a loan and doesn't pay you are responsible,” LueAnna Bracha explained in the comments. One commenter, Nicole McKenzie, found that the only solution for her was to file divorce after seventeen years of separation: “I would either need to get a divorce or he would need to be considered on my application,” she said. “I could still own the house alone, but he would still need to provide information. So, he and I are filing a non contested divorce, no way around it. Only way is if you live in a non-community property state.” However, according to Shorts, this would not be the case when it comes to agency loans through Fannie Mae or Freddie Mac. Getting a loan through one of these agencies rather than a government-backed mortgage might be one way around these community property laws. The debt and credit of your partner will not be factored if they aren’t on the loan, even in community property states.

The final answer

So, let’s recap: Does your spouse need to be on the loan application? If you live in a community property state and are applying for a government-backed loan, the answer is, unfortunately, yes. However, if you live in a non-community property state or are applying through Fannie Mae or Freddie Mac, you’re in the clear.