The home buying experience can be an overwhelming experience that can be exhilarating, fun, stressful and exhausting. The process of securing a mortgage, successfully bidding on a home and completing the transaction can be lengthy, complex and involve seemingly endless professionals. Those professionals may include a buyer’s agent, a loan officer, a home inspector, title […]
Community Property Laws & Your Home Loans
Purchasing a home with your spouse is an exciting time where you can begin to have a place to call your own, decorate as you please, and raise a family.
When taking out a home loan with your spouse you should know what you are responsible and what the laws in your state say regarding property acquired during marriage.
Also known as marital property, in a community property state, any property acquired by either spouse is considered community property. Meaning here, the property belongs to both spouses. Here’s what you need to know about community property laws and your home loans.
Your Spouse’s Credit & Debts Can Affect Yours
As you well know, credit and debts are a big part of getting approved for a home loan.
Both you and your non-purchasing spouse’s credit and debts will be required when you apply for a home loan for a government backed mortgage such as an FHA loan. However, if the non-purchasing spouse has poor credit, it cannot be used to deny a loan to the borrower.
When taking out a home loan with or without your spouse, it is essential to know your rights in regards to debt.
Your Spouse’s Signature Will Be Required
Even if you or your spouse’s name will not be on the home loan, a signature from them is still required. This is typically done to show that they are not the borrower and not required to sign the loan contract.
If you are unsure about the laws in your state regarding marital property and your home loan, consult with your lender. They will help you understand everything you need to know about obtaining a home loan in a community property state with your spouse.