Many or all companies we feature compensate us. Compensation and editorial research influence how products appear on a page. Home Equity Can You Apply for a Home Equity Loan or HELOC Without Your Spouse? Updated Nov 13, 2025 14-min read Expert Approved Expert Approved This article has been reviewed by a Certified Financial Planner™ for accuracy. Written by Lauren Ward Written by Lauren Ward Expertise: Mortgages, real estate, personal loans, home equity, investing, credit, debt, small businesses, tax relief, student loans Lauren Ward is a personal finance writer who regularly covers topics like mortgages, real estate, tax relief, home equity, business loans, and investing. Learn more about Lauren Ward Edited by Amanda Hankel Edited by Amanda Hankel Expertise: Writing, editing, digital publishing Amanda Hankel is a managing editor at LendEDU. She has more than seven years of experience covering various finance-related topics and has worked for more than 15 years overall in writing, editing, and publishing. Learn more about Amanda Hankel Reviewed by Erin Kinkade, CFP® Reviewed by Erin Kinkade, CFP® Expertise: Insurance planning, education planning, retirement planning, investment planning, military benefits, behavioral finance Erin Kinkade, CFP®, ChFC®, works as a financial planner at AAFMAA Wealth Management & Trust. Erin prepares comprehensive financial plans for military veterans and their families. Learn more about Erin Kinkade, CFP® In many cases, you can get a home equity loan or home equity line of credit (HELOC) without your spouse, but you may still need their consent depending on your state and ownership status. You might choose to apply on your own if you’re separated, going through a divorce, or trying to qualify without your spouse’s lower credit score affecting your chances. However, state laws and property ownership rules can limit what you can do on your own, even if your spouse’s name isn’t on the title. Table of Contents When can I get a home equity loan or HELOC without my spouse? Only one spouse is on the title You live in a non-community property state Which states are community property states? One spouse has poor credit When your spouse will still need to be involved The home is your primary residence Both of your names are on the title You live in a community property state You rely on your spouse’s income to qualify The home is owned through a trust or LLC Can I get a home equity loan or HELOC on my own if I’m getting a divorce? Can your spouse take out a home equity loan without your consent? Will lenders tell me if my spouse applies without me? Legal and financial obligations of the non-borrowing spouse Lenders that allow one spouse to get a home equity loan or HELOC Aven LendingTree When can I get a home equity loan or HELOC without my spouse? It is possible to get a home equity loan or HELOC without your spouse, but several factors are at play. Here are some situations where you might be able to apply on your own, along with what to know before moving forward. Only one spouse is on the title If the home is in your name only, you may be able to take out a home equity loan or HELOC without your spouse. This often happens when one person bought the property before marriage and never added their partner to the title. Being on the title means you’re the legal owner of the home. If your spouse isn’t listed, they don’t share ownership rights, which can make it possible to borrow against the home’s equity on your own. Still, some states require your spouse’s written consent before you can move forward. That usually involves signing a simple form acknowledging the loan and agreeing to use the home as collateral. Whether that consent is needed depends on whether you live in a community property versus non-community property state. You live in a non-community property state Whether you can get a home equity loan or HELOC without your spouse depends on your state’s marriage laws. States generally follow one of two systems: community property or equitable distribution. If you live in a community property state, assets and debts acquired during marriage are considered jointly owned—even if only one spouse’s name is on the title. That means you’ll almost always need your spouse’s consent before using the home as collateral. If you live in an equitable distribution state, ownership is tied to whose name is on the title. So if the home is in your name alone, you can typically apply for a HELOC or home equity loan without your spouse’s involvement. However, some equitable states still require spousal consent for primary residences or under certain lender policies. Property law typeWhat it means for a HELOC or home equity loanExampleCommunity propertyYou’ll usually need your spouse’s consent or signature to take out a loan, even if only your name is on the title.You and your spouse sell a $400,000 home. Because you live in a community property state, you each receive $200,000, and both must agree before using the home as collateral.Equitable distributionYou can often apply on your own if you’re the only person on the title, though some states or lenders still require consent for a primary home.If you sell a $400,000 home in an equitable distribution state, one spouse may receive more of the proceeds because they contributed more to the mortgage. Which states are community property states? The following nine states follow community property laws, meaning property and debts acquired during marriage are generally considered jointly owned: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. All other states use equitable distribution laws, where property is divided based on ownership, income, and other factors. The table below shows which system each state follows and how likely it is that you can apply for a home equity loan or HELOC on your own. StateProperty lawsApply on your own?AlabamaEquitable⚠️ Usually requires consentAlaskaEquitable (Can opt into community property)✅ Possible if titled separatelyArizonaCommunity✅ Possible (spouse signs acknowledgment)ArkansasEquitable⚠️ Usually requires consentCaliforniaCommunity⚠️ Usually requires consentColoradoEquitable⚠️ Usually requires consentConnecticutEquitable✅ PossibleDelawareEquitable✅ PossibleDistrict of ColumbiaEquitable✅ PossibleFloridaEquitable⚠️ Usually requires consent (homestead laws)GeorgiaEquitable✅ PossibleHawaiiEquitable✅ PossibleIdahoCommunity⚠️ Usually requires consentIllinoisEquitable⚠️ Usually requires consentIndianaEquitable✅ PossibleIowaEquitable⚠️ Usually requires consentKansasEquitable⚠️ Usually requires consentKentuckyEquitable⚠️ Usually requires consentLouisianaCommunity❌ Not allowed without spouseMaineEquitable✅ PossibleMarylandEquitable✅ PossibleMassachusettsEquitable✅ PossibleMichiganEquitable⚠️ Usually requires consentMinnesotaEquitable⚠️ Usually requires consentMississippiEquitable⚠️ Usually requires consentMissouriEquitable⚠️ Usually requires consentMontanaEquitable⚠️ Usually requires consentNebraskaEquitable⚠️ Usually requires consentNevadaCommunity❌ Not allowed without spouseNew HampshireEquitable⚠️ Usually requires consentNew JerseyEquitable⚠️ Usually requires consentNew MexicoCommunity❌ Not allowed without spouseNew YorkEquitable✅ PossibleNorth CarolinaEquitable⚠️ Usually requires consentNorth DakotaEquitable⚠️ Usually requires consentOhioEquitable⚠️ Usually requires consentOklahomaEquitable⚠️ Usually requires consentOregonEquitable✅ PossiblePennsylvaniaEquitable✅ Possible (not during divorce)Rhode IslandEquitable✅ PossibleSouth CarolinaEquitable✅ PossibleSouth DakotaEquitable⚠️ Usually requires consentTennesseeEquitable⚠️ Usually requires consentTexasCommunity❌ Not allowed without spouseUtahEquitable⚠️ Usually requires consentVermontEquitable⚠️ Usually requires consentVirginiaEquitable✅ PossibleWashingtonCommunity❌ Not allowed without spouseWest VirginiaEquitable⚠️ Usually requires consentWisconsinCommunity✅ Possible if spouse is non-titledWyomingEquitable⚠️ Usually requires consentSource: Divorce.net A few states have unique rules: Alaska allows couples to opt into community property laws. Wisconsin may still require spousal consent if the home is jointly owned or used as a primary residence. Connecticut and Pennsylvania may limit solo applications if a couple is in the middle of a divorce or legal separation. Some equitable states still restrict solo applications due to homestead protections or state-specific lending laws that treat the family home as jointly protected, even if only one spouse is on the title. Lenders may also have their own policies requiring both spouses to sign when a primary residence is used as collateral. One spouse has poor credit If your spouse has a lower credit score, it may make sense to apply for a home equity loan or HELOC on your own—especially if you have strong credit and enough income to qualify. Applying solo can sometimes improve your approval odds or help you secure a better rate. In most cases, your spouse will still need to sign paperwork acknowledging the loan, even if they aren’t listed as a co-borrower. This signature doesn’t make them responsible for repayment. It simply confirms they’re aware of and agree to use the home as collateral. 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. Erin Kinkade , CFP®, ChFC® When your spouse will still need to be involved Even if you apply on your own, there are situations where your spouse will still need to sign or consent to the loan. This doesn’t make them responsible for repayment—it simply confirms they agree to use the home as collateral. The home is your primary residence Some states have homestead laws that protect a spouse’s rights to the family home. Even if your spouse isn’t on the title, they may need to sign loan documents to waive those protections. Both of your names are on the title If you jointly own the home, both spouses must sign before the lender can place a lien. One of you can still be the main borrower, but both must agree to use the property for the loan. You live in a community property state Because property and debt acquired during marriage are considered jointly owned in these states, lenders typically require both spouses to sign or acknowledge the loan. You rely on your spouse’s income to qualify If your income alone doesn’t meet the lender’s requirements, your spouse will need to be added as a co-borrower. In that case, they’ll share responsibility for repayment. The home is owned through a trust or LLC If the property is held in a trust or LLC that includes both spouses, both must sign as trustees or members before the lender can approve the loan. Can I get a home equity loan or HELOC on my own if I’m getting a divorce? It’s possible, but it depends on where you are in the divorce process and who’s listed on the title. If you and your spouse still legally own the home together, most lenders will require both of you to sign or consent before approving a home equity loan or HELOC. The home is still considered marital property until the court finalizes the division of assets. Once the divorce is finalized and the home is in your name only, you can usually apply for a HELOC or home equity loan on your own. Timing matters because many lenders will not approve new loans during active divorce proceedings when ownership and financial obligations can change. In some cases, a HELOC may become part of the divorce settlement. One spouse might use it to buy out the other’s share of the home’s equity, allowing them to keep the property while compensating the other for their portion of the value. 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. Erin Kinkade , CFP®, ChFC® Can your spouse take out a home equity loan without your consent? In most cases, no. If both of your names are on the title, your spouse can’t take out a home equity loan without your signature. Lenders need consent from all owners before using the property as collateral. Even if your name isn’t on the title, many states—especially those with homestead or community property laws—still require your acknowledgment before a lender can place a lien on your primary residence. If you suspect your spouse has tried to take out a home equity loan without your consent, you’re not alone. In this Reddit thread, a user shared a similar concern, and most responses agreed: lenders typically won’t finalize a home equity loan without both spouses signing if the property is jointly owned. 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. In contrast, states like Florida don’t require lenders to notify or get consent from a spouse who isn’t on the application, unless both spouses are co-owners of the property or the state’s homestead laws apply. Legal and financial obligations of the non-borrowing spouse Even if your spouse takes out a home equity loan or HELOC in their name only, you may still face legal or financial effects. Here are common obligations and risks: If your name is on the title, you may still need to sign documents (consent forms or lien waivers) so your spouse can use the home as collateral. If you aren’t on the title but live in a state with homestead protections or community property laws, you may have to sign to release your rights before the lender accepts the lien. If the property is considered marital-property and you separate or divorce, you may still be liable for shared equity or debt allocations tied to that loan. Your credit may not be directly tied to the loan, but if the borrower defaults, you could still be affected indirectly (through foreclosure, loss of home value, or joint asset division). Before the loan closes, you have the right to review closing documents or request notification if your state or lender allows it—this protects your interest even if you aren’t the borrower. Lenders that allow one spouse to get a home equity loan or HELOC 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 two 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. Note: If your credit score is below 720, it is unlikely that you will pass the prequalification stage for most HELOC lenders. If your score is higher than 580, see our highest-rated HELOCs for fair credit. Below 580, look into home equity agreements as an alternative. Company Best for… Min credit score Rating (0-5) 4.8 View Rates Best Customer Reviews 640 (720+ preferred) 4.8 View Rates 4.7 View Rates Best Traditional HELOC 670 4.7 View Rates 4.5 View Rates Best Marketplace Varies by lender 4.5 View Rates Aven Best Customer Reviews 4.8 /5 View Rates 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% fixedLoan amounts$5,000 – $400,000Repayment terms5, 10, 15, or 30 yearsEligibility requirementsMin. credit score of 640, digital appraisals, and automated income verificationRequired initial draw100% of credit line LendingTree Best Marketplace 4.5 /5 View Rates 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 millionDraw period2 – 20 yearsRepayment term5 – 30 yearsFunding timeVariesPropertiesVariesCredit scoreVaries, 620 advisable Recap of lenders that allow you to get a HELOC or home equity loan without your spouse Company Best for… Rating (0-5) 4.8 View Rates Best Customer Reviews 4.8 View Rates 4.5 View Rates Best Marketplace 4.5 View Rates About our contributors Written by Lauren Ward Lauren Ward is a personal finance writer who regularly covers topics like mortgages, real estate, tax relief, home equity, business loans, and investing. Edited by Amanda Hankel Amanda Hankel is a managing editor at LendEDU. She has more than seven years of experience covering various finance-related topics and has worked for more than 15 years overall in writing, editing, and publishing.