If you are married, can you buy a house by yourself?

[ChiTownZee]

Can you qualify for a loan by yourself and buy a house in just one spouses name, or does the spouse have to be involved in the mortgage application and on the deed?

[PamOKW]

You can have one name on the deed. I'm unsure what a mortgage company would require. You are both responsible for the debt so you may both have to sign.

[Briar Rose 7457]

legally you can take out a loan and own property in your own name regardless of marital status. generally one spouse isn't liable for the other spouse's debts except for "necessities" but that may vary from state to state, especially in community property states. I don't know if you could do it as a practical matter, though.

[binny]

Varries by State but in Idaho it is " One to buy , two to sell"

Thats what our loan officer told us.

[tstobb]

Florida is a community property state. Purchasing should not be a problem for 1 party and your mortgage broker or Realtorshould be able to give you any specific details - if they can't, find one that can.

[KimRaye]

The 'one to buy and two to sell' sounds close to what I'm thinking also. I think it's something called homestead rights. At some point, where this applies, the spouse will have to sign something, even if it's a waiver of some kind.

I've been out of real estate law way too long! :(

[caitycaity]

i am not sure if it was just the particular bank, but we had one bank here tell us that if we took out a mortgage, both of us would have to sign.

[Poohlovr]

Here in Ky, it is no problem, as long as that person can prove he/she has enough income to cover all outstanding debts that are listed in both parties names, (car, any other real estate, loans, credit cards, etc) as well as the mortgage payment, without relying on their partners income.

[Mackey Mouse]

The house that my husband and I live in is in my name alone... the mortage I believe is in both our names.. but I am the owner of the house..

[Gail T AGAIN]

I am divorced and bought my house all by myself. Who sez we need a man to buy a house, it can be done, I am living proof.:D

[imgoingtodisney]

This house (which we've had 9yrs) is currently only in my name. I had the deposit so I had it put in my name only. Actually during the loan process I quit my fulltime job to stay home w/DS. The mortgage co found this out and let me use only my retirement fund as income for the loan.
We are in the process of remortgaging and Im adding DHs name. If I die before he does I dont want DS or DH to go w/out a home.
DH & I have been through alot in these 21yrs and if we've stuck together this long there is no way we will be dealing w/divorce.

[Briar Rose 7457]

you don't have to add his name to the deed. you cannot disinherit a spouse -- all states have some sort of laws protecting the spouse. so if you were to die without adding his name to the deed, and you didn't have a will, your husband and son would inherit your property anyhow.


but it would make things easier for your dh if his name was on the deed.