Buying a house is a significant investment, and it’s common for married couples to purchase property together. 

However, in some cases, you may want to buy a house without your spouse in Texas. 

Whether it’s because you’re using separate funds, you’re separated, or in the process of getting divorced, or for other reasons, it’s essential to understand the legal implications and requirements of buying a house without your spouse. 

Can a house be bought without a spouse?

The quick and short answer is yes, you can buy a house without your spouse in Texas. 

In Texas, property acquired during the marriage is generally considered to be owned equally by both spouses due to the state’s community property laws. 

However, if you are purchasing a house using a conventional loan, you can buy the property in your name only. 

To do this, your spouse will need to notarize a document at closing confirming they have no interest in the property being purchased. 

This can be a viable option for individuals with separate funds they wish to use for the purchase or purchasing a property for investment purposes.

If you are applying for a government-backed loan, such as an FHA or VA loan, the lender will usually pull the credit reports of both you and your spouse, even if you’ve been separated from your spouse. 

This is because these loans are designed to help borrowers who may not qualify for conventional loans, and lenders want to ensure that the borrowers can repay the loan. 

To ensure that borrowers have the ability to repay the loan, lenders typically require a thorough credit and income review process. 

In Texas, community property laws mean that mortgage underwriters must include both individuals’ debts in their review process, even if the spouse is not a co-borrower.

This can make it challenging for individuals to qualify for a government-backed loan without their spouse. 

In certain situations, you can apply for the loan independently without considering your spouse’s credit. 

For example, if you are separated from your spouse and have been living apart for at least 12 months, you may qualify for the loan on your own. 

However, this scenario requires an executed separation agreement that outlines the terms of your separation and can be used to demonstrate to the lender that you are financially independent of your spouse.

Each lender may have its own requirements for government-backed loans, so it’s best to check with the lender directly to understand their specific requirements.

Legal Help

If you need legal assistance regarding Texas community property requirements, Larson Law Group has a helpful article on their website that you can check out. 

As legal experts in this field, they can provide guidance and support for navigating the complexities of community property laws in Texas. 

If you have specific questions or concerns, it’s best to contact them directly for professional advice and assistance.

Can a spouse’s income be used to qualify?

If you’re applying for a loan in Texas, you may wonder whether your spouses’ income can be used to help you qualify. 

The answer depends on several factors, including the type of loan you’re applying for and your spouse’s credit score.

If your spouse has a qualifying credit score, their income may be considered in the application process, but only if they are included as a co-borrower on the mortgage loan. 

It’s important to note that all borrowers on the mortgage application must have a qualifying credit score, regardless of whether or not they are contributing income.

In general, the qualifying credit score is 620.

Regarding government loans, such as FHA or VA loans, the lender will include your spouse’s debt in the debt-to-income ratio even if their credit score doesn’t qualify, and again the income of the spouse can only be used if they have a qualifying credit score.

Are you ready to apply? Start the process by completing the form below.

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