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
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