I am married or was previously married, and I am applying for a mortgage loan or home equity line of credit in my own name. Can a lender or broker ask me about my spouse or former spouse?
Generally, a creditor such as a lender or broker may request information about your spouse or former spouse only in the following cases:
- Your spouse or former spouse will be allowed to use the account
- Your spouse or former spouse will be responsible for paying debts on the account
- You are relying on your spouse’s income or former spouse’s income to repay the credit requested
- You reside in a “community property” state
- You are relying on property located in a “community property” state to repay the credit requested
- You are relying on alimony, child support, or separate maintenance payments from a spouse or former spouse to repay the credit requested