Home Buying in Dallas>Question Details

Kamukus, Home Buyer in Dallas, TX

Can one spouse of a married couple buy a house in TX w/o using spouse on mortgage or deed?

Asked by Kamukus, Dallas, TX Sat Nov 8, 2008

Wife has significant debt and lower credit score. I'd get better rates on my own.

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8
On government-guaranteed loans, like FHA and VA, the lenders are pulling spouse's credit, even though the borrower might seem to qualify on her/his own. FHA and VA, for example, as well as many ordinary lenders do this because a spouse with heavy debt load can cause the loan to default. If they did not check to see if the spouse could be a potential liability, the lender could lose its government guarantee on the loan, and would have to buy the loan back in case of default.
So, even though a very few lenders are not checking spouse credit, most will. This does not automatically put the spouse on the mortgage note, but can prevent the deal from going through if the spouse's credit is bad.
Marriage, in Texas, creates community property for anything purchased while married, period. Title insurers want to avoid later complications by deeding to both buyer and spouse to make it clear and unequivocal, although there does not seem to be a reason to. The spouse's ownership of the homestead is protected, regardless of conveyance; however, non-homestead properties need to be examined carefully with respect to ownership in the event the buyer pre-deceases the spouse and under what circumstances. You should ask your attorney about the possible consequences.
The purpose of purchasing a property without the spouse on the mortgage note or deed would be questioned by both the lender as to whether it would be homestead and by the title insurer.
They would ask if the purpose was to etablish a separate, second homestead for a spouse to circumvent limits of the homestead exemption law. They might also inquire if divorce is anticipated and separate property is expected by not having a person in title (which of course it would not create). Lenders might ask if this is an attempt to hide ownership of an asset from other creditors.
Regardless of whether the spouse is on the note or the deed, the spouse will always sign the deed of trust. This insures that foreclosure can proceed uncontested by an unawares spouse.
Web Reference: http://www.Mortgages-TX.com
2 votes Thank Flag Link Mon Nov 10, 2008
Tom Burris gave you the perfect answer.

If you can qualify for the loan without her income, conventional financing is the way to go. It's done all the time.

Naima
214-289-8555
naima@sumner-realty.com
Web Reference: http://www.sumnerrealty.com
2 votes Thank Flag Link Mon Nov 10, 2008
To generally answer that question - I would say YES - but if you want specific answers - please call me at 972-679-9029 and I will help you. Did you know that you can buy a house without having to pay Realtor Commissions ?
0 votes Thank Flag Link Fri Nov 21, 2008
Buying a house without the spouse is not that difficult. However, be aware that you won't be able to sell it without the spouse's cooperation.
Web Reference: http://lydiaplayerblog.com
0 votes Thank Flag Link Wed Nov 19, 2008
Yes it is possible, but may be more complicated than just a simple answer. Best bet is to check with your lender. Also depending on what you want to accomplish you may need an attorney involved if you are also trying to subvert the community property ideas and not just the lender requirements.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Sun Nov 9, 2008
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Yes it could be done. I have a good lender who could help you. Please feel free to call me any time.

Regards,

Viktor Taushanov
Realtor
Coldwell Banker Residential Brokerage
972-758-2045 Direct Line
214-697-6797 Cell
http://www.planorealty.blogspot.com
viktor.taushanov@cbdfw.com
0 votes Thank Flag Link Sat Nov 8, 2008
I inherited a house from my mother, who deceased in Dec 2013, having a reverse mortgage loan on her house which she willed to me. I can qualify on my own for the loan. Does my husband have to be on the deed since the home was left to me?
Flag Wed Oct 22, 2014
Aloha Kamukus!
I bought a home 2 years ago and the Title company did not put my name on the deed. In Texas since this is a community property state, the Deed will imply ownership because you will be listed as a "married man". Now , you CAN have your spouses's name on the Deed without using her credit to qualify for the mortgage..once again..we revert to community property in Texas.
I work with an EXCELLENT lender who keeps me advised of FHA and other loan programs that are designed to assist in qualifying buyers. Please contact me at your convenience and I will assist you through the lending and home buying process.
Mahalo,
Lucy A. Puniwai
puniwai@hotmail.com
Sans Pareil Realty
0 votes Thank Flag Link Sat Nov 8, 2008
If this is owner occupied(not an investment) then spouse WILL BE on deed.

Now, as for the mortgage. It is perfectly fine to leave off a spouse with lower credit scores. I do this all of the time.
On an FHA loan though.... Spouse debt will be included(added to yoour debts). The spouse's credit report will be pulled and their debts will be placed on your loan application. ** The spouse's bad credit/credit score will have ZERO IMPACT on the underwriter's decision to approve/deny your loan.
On a conventional loan... the spouse's credit and debt are ignored.... they are only added to the deed.

Feel free to email me if you have any follow-up questions!!
0 votes Thank Flag Link Sat Nov 8, 2008
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