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We're the Consumer Financial Protection Bureau (CFPB), a U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly.

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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?

Answer:

A creditor may request information about your spouse or former spouse only in certain cases.

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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The content on this page provides general consumer information. It is not legal advice or regulatory guidance. The CFPB updates this information periodically. This information may include links or references to third-party resources or content. We do not endorse the third-party or guarantee the accuracy of this third-party information. There may be other resources that also serve your needs.