Home Buying in Phoenix>Question Details

Linda, Other/Just Looking in Phoenix, AZ

Can a married couple qualify to buy a home under just one of the spouses names?

Asked by Linda, Phoenix, AZ Wed Oct 8, 2008

Do laws about this topic vary state to state? Are both spouses required to apply for the home loan?

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Answers

11
Absolutly - As long as the boirrower can qualify on just his income. Spouse is not required to be on the mortgage but may have to go on the deed depening on your state and the laws. Please email me at stacey.johnson@ftloan.com for any other questions.
0 votes Thank Flag Link Thu Oct 9, 2008
Hi Linda

Yes a married person can purchase property as an individual, it does require the cooperation of both parties to do so. We often handle this situation for a variety of reasons and would be glad to discuss your situation in private.
Web Reference: http://www.McVinua.com
0 votes Thank Flag Link Thu Oct 9, 2008
Hi Linda,
Yes, that is not uncommon - as long as the person has the credit & income to qualify for the loan.

Where are you planning on moving to and what is your time frame - this is a critical time in our real estate and lending industries - so it is imperative you have professionals to help you in moving forward.

Please feel free to contact me if you would like to speak more about the home buyer process and I can also put you in touch with a professional lender who can help you in your financing needs.
0 votes Thank Flag Link Thu Oct 9, 2008
Hi Linda-
As you can see from the many answers, it should not be a problem to purchase in one name only. Beware that there could be an issue when you get ready to sell, however. I don't know about the laws in Arizona, but in some states, like Missouri, your spouse has rights to the property even if his name is not on the deed. In community property states like this, your spouse owns 50% of the property and has to sign either a "Quit Claim Deed" or a "Waiver of Marital Rights" for you to sell it. Protect yourself by knowing the laws of your state before you make a costly mistake. If you are not certain about how to proceed, consult an attorney. Good luck to you!
0 votes Thank Flag Link Thu Oct 9, 2008
Linda, my wife and I have many, many times purchased real estate in just one of our names. That name must have the appropriate credit scores and income to qualify for the purchase, and the other spouse must sign a quit claim deed as part of the escrow process, but it's completely legal, and not unusual at all.
0 votes Thank Flag Link Thu Oct 9, 2008
Yes, you will have to qualify under one income. I have an awesome lender that can make it happen!

Feel free to contact me if you have any other questions!

Lucinda
0 votes Thank Flag Link Thu Oct 9, 2008
Hi Linda:

I am in CA, but I will be pretty surprised to find out if the law varies from state to state (but I have been wrong before - surprise!). The reason why I said so is because mortgage brokers and lenders can work and have worked in all states.

Not saying that it is advantageous to have out of state mortgage brokers to give you a loan (I just had two bad experience with out of area lenders - one in another part of CA, one from Denver working on a loan for CA purchase - both not because they can't lend but due to the fact that they don't understand the market in our specific area and how our escrow / title work (which is quite different from theirs); but that's another subject. .

The lenders really just cares about how and if a certain person can qualify for the loan and be able to carry the loan by him/herself. As a matter of fact, when one spouse's credit is much better than the other and the one spouse can qualify, mortgage broker might recommend only one spouse apply for the mortgage because they might otherwise not able to get the loan.

The one spouse will then be responsible for the whole loan. The title can be held under both - they do the quit claim deed to get the loan, but then can be added back to the title. . .

Sylvia
0 votes Thank Flag Link Thu Oct 9, 2008
Sylvia Barry,…, Real Estate Pro in Novato, CA
MVP'08
Contact
Hi,

I am following this thread for informational purposes. I am not in AZ and not able to provide an answer on how this would be handled in your state.

It might be helpful to understand your objectives. I have dealt with a number of buyers in other states who sought to have only one spouse on a loan….but for various reasons.

Are you interested in one party on the loan app only for qualification reasons?

Are you interested in the asset belonging to one spouse or both spouses?

Is this a primary marital residence?

In my experience in both states that are community property states and those that are not, the answers to the above will impact the answers and advice.

I will follow along to hear great advice from AZ contributors on this one.

Regards,
Deborah Madey - Broker
Peninsula Realty Group - New Jersey
0 votes Thank Flag Link Thu Oct 9, 2008
Deborah Madey, Real Estate Pro in Red Bank, NJ
MVP'08
Contact
Hi Linda,

Yes it is possible for only one of the spouses to qualify to buy a home under just one of the spouses names. However, to qualify for the loan, you'll have to qualify for the loan with just one income & not use the income of the spouse. Also, AZ is a community property state. So, the spouse NOT on the loan will need to sign a quit claim deed that disclaims all their ownership rights to that property.
The other option would be to have both people qualify for the loan, just in case you need both incomes. Then the spouse who doesn't want to own it will sign a quit claim deed. Doing it this way will have only one person owning the home but both people are still equally responsible for the mortgage.
Hope this info helps.

---
PAUL WELDEN
Buyer's Agent REALTOR
HomeSmart Real Estate
0 votes Thank Flag Link Thu Oct 9, 2008
Hi Linda,

As long as you only need one spouse's income to qualify for the payment, you can absolutely do that if you please. You would not be able to use the income from the non-qualifying spouse unless both were on the loan. Once past that issue, Carlos answer is correct. My husband is a mortgage broker of 10 years which has helped enhance my knowledge as a Realtor. Feel free to contact me if you need assistance.
0 votes Thank Flag Link Thu Oct 9, 2008
Linda,

The loan can be done in the name of only one of the spouses, there should be no problem with that. Since AZ is a community property state the title can be in the name of only one of the spouses, but the other spouse will have to agree and sign a quitclaim deed.

Let me know if I can be of further help.
0 votes Thank Flag Link Wed Oct 8, 2008
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