Can You Apply for a Home Equity Loan or HELOC Without Your Spouse?

In many cases, you can apply for a home equity loan or home equity line of credit (HELOC) without your spouse, but you might need their consent.

Applying for a home equity loan may be beneficial in certain situations; for example, if you have good credit and your partner has poor credit. But depending on where you live and what state law dictates, restrictions might limit what you can do without your spouse—regardless of whether they’re on the title of the property. 

Can you get a home equity loan or HELOC without your spouse?

Whether you can meet HELOC or home equity loan requirements with or without your spouse depends on your state’s marriage laws and whether you live in a state with equal distribution—aka community property—or equitable distribution. 

The nine community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

What is community property (or equal distribution)?

What is equitable distribution?

Is my state a community property state?

If you’re not actively separated or going through a divorce, you can apply on your own but will likely need spousal consent for primary residences. The table below shows which state has which type of property laws and whether you can apply without your spouse in that state.

State	Property laws	Apply w/o spouse?
Alabama	Equitable	❌
Alaska	Equitable (But married couples can choose community)	✅ Only titled spouses
Arizona	Community	✅ For comm. property
Arkansas	Equitable	❌
California	Community	❌
Colorado	Equitable	❌
Connecticut	Equitable	✅
Delaware	Equitable	✅ (unless mid-divorce)
District of Columbia	Equitable	✅
Florida	Equitable	❌
Georgia	Equitable	✅
Hawaii	Equitable	✅
Idaho	Community	❌
Illinois	Equitable	❌
Indiana	Equitable	✅
Iowa	Equitable	❌
Kansas	Equitable	❌
Kentucky	Equitable	❌
Louisiana	Community	❌
Maine	Equitable	✅
Maryland	Equitable	✅
Massachusetts	Equitable	✅
Michigan	Equitable	❌
Minnesota	Equitable	❌
Mississippi	Equitable	❌
Missouri	Equitable	❌
Montana	Equitable	❌
Nebraska	Equitable	❌
Nevada	Community	❌
New Hampshire	Equitable	❌
New Jersey	Equitable	❌
New Mexico	Community	❌
New York	Equitable	✅
North Carolina	Equitable	❌
North Dakota	Equitable	❌
Ohio	Equitable	❌
Oklahoma	Equitable	❌
Oregon	Equitable	✅
Pennsylvania	Equitable	✅ (unless mid-divorce)
Rhode Island	Equitable	✅
South Carolina	Equitable	✅
South Dakota	Equitable	❌
Tennessee	Equitable	❌
Texas	Equitable	❌
Utah	Equitable	❌
Vermont	Equitable	❌
Virginia	Equitable	✅
Washington	Equitable	❌
West Virginia	Equitable	❌
Wisconsin	Community	✅ If spouse is non-titled
Wyoming	Equitable	❌

Our expert’s take

Erin Kinkade

CFP®

I find that spouses who are in good standing—not in the process of or planning separation or divorce—want to obtain mortgages together, in their living trust, or separately (depending on their estate, financial plan, or what state they live in). My recommendation is to discuss the pros and cons with each other and consult the lender or a financial professional to understand the pros and cons for your unique situation. For couples who know they are separating, are in separation, or are recently divorced, and settlement of property isn’t yet complete, I advise waiting to make any major financial changes that could affect the other spouse. This could lead to increased legal problems and costs.

Lenders that allow you to get a home equity loan or HELOC without your spouse

Once you understand your state’s laws, you can look for lenders that will allow you to apply for a home equity loan or HELOC without your spouse if it’s allowed. 

Here are three options to get started with. However, whether the lender will allow you to take out a home equity product without a spouse will depend on the laws in your state:

Figure

Best Overall

4.9 _/5

LendEDU Rating

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About Figure’s HELOC

• Fixed rates
• Fast funding times
• Available for primary and secondary residences
• Requires 100% initial draw

Figure requires your name to be listed on the title to apply. Whether your spouse needs to apply or give consent depends on your state’s specific laws, but you can’t have had any title changes within the last 90 days. 

So if you and your spouse just bought the house, or you were recently divorced and you bought out your spouse’s equity, you may need to wait.

HELOC details

Rates (APR)	8.95% – 16.9% fixed
Loan amounts	Up to $400,000
Repayment terms	Up to 30 years
Eligibility requirements	Must be on the title; must be employed, self-employed, or retired
Required initial draw	100% of credit line

Aven

Best Customer Reviews

4.8 _/5

LendEDU Rating

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About Aven’s HELOC

• Lowest rate guarantee
• Optional debt protection program through Securian
• Excellent customer reviews from more than 3,800 customers (in September 2024)
• 100% digital application process
• Increases credit line for select customers

Aven offers a streamlined, tech-driven approach to accessing home equity, featuring the lowest rate guarantee and fast funding times. With a 100% digital application process, Aven makes it possible to go from initial screening to closing in just 15 minutes. Its HELOC offers fixed interest rates, automated appraisals, and flexible property options, including primary residences, investment properties, and new builds.

Whether you can apply for Aven’s HELOC without your spouse depends on state laws and title requirements. If you are the sole owner on the title, you may qualify without your spouse’s involvement. However, in community property states or if both spouses are listed on the title, spousal consent or co-application may be required.

HELOC details

Rates (APR)	6.99% – 15.49% fixed
Loan amounts	$5,000 – $400,000
Repayment terms	5, 10, 15, or 30 years
Eligibility requirements	Min. credit score of 640, digital appraisals, and automated income verification
Required initial draw	100% of credit line

LendingTree

Best Marketplace

4.5 _/5

LendEDU Rating

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About LendingTree’s HELOC

LendingTree provides access to multiple lenders, allowing for comprehensive comparison tools to find competitive rates and customizable loan options. This platform is ideal for those who want to evaluate various loan offers to find the best fit for their financial situation. LendingTree’s extensive network of lenders ensures that borrowers can access a wide range of HELOC products, making it easier to find a loan that meets specific needs and preferences.

• Access to multiple lenders
• Comprehensive comparison tools
• Competitive rates
• Customizable loan options

HELOC details

Rates (APR)	Starting at 6.24%
Loan amounts	$10,000 – $2 million
Draw period	2 – 20 years
Repayment term	5 – 30 years
Funding time	Varies
Properties	Varies
Credit score	Varies, 620 advisable

Should you apply for a home equity loan or HELOC without your spouse?

Valid reasons to apply for a HELOC without a spouse exist, such as:

• If only one spouse has good credit: If you have good credit but your spouse doesn’t, you may decide it’s best to apply on your own. You may have better approval odds if you meet all other home equity loan and HELOC requirements. This is a possibility, but your spouse may still need to sign the loan.
• The couple is separated: If you and your spouse are separated and want to apply for a home equity loan or HELOC, whether you can do so depends on the terms of your separation agreement.
• The property is in one spouse’s name: If a person purchased a home before marriage and never added their spouse to the loan, they can apply for a home equity loan or HELOC alone. However, depending on where you live, you still may need your partner’s consent.
• One spouse makes all the income: If you earn all your household’s income, a lender may allow you to apply for a home equity loan or HELOC without your spouse depending on where you live. 

FAQ

Will lenders tell me if my spouse applies for a HELOC without me?

Whether a lender will inform you if your spouse applies for a home equity loan or HELOC without you depends on its policies and where you live.

For example, if your spouse lives in Texas and applies for a home equity loan without you, lenders must get your permission in writing. This allows them to foreclose on the home if the loan isn’t repaid.

Can you take out a HELOC during a divorce?

Most states prevent just one spouse from taking out a HELOC during a divorce. However, it may be part of your divorce settlement. Some people take out a HELOC to pay off their ex-spouse’s shared equity. That person then gets to retain ownership of the property, and the other gets their share of the value.

Do both spouses need to sign a HELOC or home equity loan agreement?

It depends on your state’s property laws. Most states have restrictions on applying for a HELOC or home equity loan without spousal consent. It depends on the state’s common property and homestead laws. 

Do any lenders have less strict requirements about spousal consent on a home equity loan or HELOC?

Each state determines the rules revolving around spousal consent. Because lenders must follow state laws if they wish to do business within it, individual state property laws determine whether you can get a home equity loan or HELOC without your spouse’s consent.

Recap of lenders that allow you to get a HELOC or home equity loan without your spouse