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Home Equity

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 it means

Both spouses receive the same amount of an asset regardless of their needs or income.

Example

You and your spouse decide to sell your $400,000 house. Because you live in a community property state, you each get $200,000 from the sale.

What is equitable distribution?

What it means

It takes into account each spouse’s needs, income, and more.

Example

If you sell your $400,000 home in a community property state, one spouse may get more of the proceeds because they contributed more to monthly payments throughout the life of the loan.

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.

StateProperty lawsApply w/o spouse? 
AlabamaEquitable
AlaskaEquitable (But married couples can choose community)
Only titled spouses
ArizonaCommunity
For comm. property
ArkansasEquitable
CaliforniaCommunity
ColoradoEquitable
ConnecticutEquitable
DelawareEquitable
(unless mid-divorce)
District of ColumbiaEquitable
FloridaEquitable
GeorgiaEquitable
HawaiiEquitable
IdahoCommunity
IllinoisEquitable
IndianaEquitable
IowaEquitable
KansasEquitable
KentuckyEquitable
LouisianaCommunity
MaineEquitable
MarylandEquitable
MassachusettsEquitable
MichiganEquitable
MinnesotaEquitable
MississippiEquitable
MissouriEquitable
MontanaEquitable
NebraskaEquitable
NevadaCommunity
New HampshireEquitable
New JerseyEquitable
New MexicoCommunity
New YorkEquitable
North CarolinaEquitable
North DakotaEquitable
OhioEquitable
OklahomaEquitable
OregonEquitable
PennsylvaniaEquitable
(unless mid-divorce)
Rhode IslandEquitable
South CarolinaEquitable
South DakotaEquitable
TennesseeEquitable
TexasEquitable
UtahEquitable
VermontEquitable
VirginiaEquitable
WashingtonEquitable
West VirginiaEquitable
WisconsinCommunity
If spouse is non-titled
WyomingEquitable

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:

Company
Best for…
Rating (0-5)
Best Overall
Best Customer Reviews
Best Multi-Product Application

Figure

Best Overall

4.9 /5
LendEDU Rating

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 amountsUp to $400,000
Repayment termsUp to 30 years
Eligibility requirementsMust be on the title; must be employed, self-employed, or retired
Required initial draw100% of credit line

Aven

Best Customer Reviews

4.8 /5
LendEDU Rating

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 terms5, 10, 15, or 30 years
Eligibility requirementsMin. credit score of 640, digital appraisals, and automated income verification
Required initial draw100% of credit line

Spring EQ

Best Multi-Product Application

4.1 /5
LendEDU Rating

About Spring EQ’s home equity loan

  • Check eligibility for HELOC and home equity loan with one application
  • Access up to 95% of your home equity
  • Most borrowers don’t require an in-home appraisal

Spring EQ allows borrowers to apply for a HELOC or home equity loan without their spouse, depending on state laws and marital property rules. Generally, if you are the sole titleholder of the property, you can apply on your own, but spousal consent may still be required in some cases, particularly for primary residences.

This is often influenced by whether you live in a community property state or one with equitable distribution rules, where both spouses have rights to the property regardless of who is on the title.

Spring EQ offers 100% digital form completion, which speeds up the application and funding process. It also offers instant qualification, so you’ll quickly know whether you can apply without your spouse. If you’re still unsure, speak to the dedicated expert Spring EQ provides.

Home equity loan details
Rates (APR)Starting at 9.50%
Loan amountsUp to $500,000
Repayment termsUp to 30 years
Eligibility requirementsProof of income; 640 credit score or higher; debt-to-income ratio of 45% or less
Required initial draw$50,000 (HELOC only)

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

Company
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