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Depends who's name is on the mortgage. If both names are on, then you would need both spouse's to take out a home equity line of credit.

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โˆ™ 2011-04-19 17:23:02
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Joanne Phillips

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โˆ™ 2021-09-04 15:20:23
Do you mean whoโ€™s name is on the title? In CA all borrowers must be title holders but not all title holders have to be borrowers.
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Q: Can a spouse take a home equity line without the other spouse?
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Related questions

If a home is purchased during a marriage without knowledge to spouse when divorced is the spouse entitled to the home or equity if sold after a divorce?

If you can prove it, you're homefree.


Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?

Yes they do


Can you get a home equity loan without having a home?

No.


How can you remove your spouse from a home title in a divorce?

As part of the divorce decree, you'll should be able to buy out your spouse's equity in the house and assume loan ownership. Divorces are a give and take. Be prepared to give something (besides the cash equity) to get the spouse to agree.


Can you get a home equity loan without documenting your income?

No. Even though a home equity loan is backed by the value of one's principal residence, the individual's income must be substantial enough (after other payments) to cover the principal and interest payments associated with the home equity loan. If income cannot/will not be documented, no lender will approve a home equity loan.


Can you get a home equity loan without your spouses signature?

yes you can


Are you entitled to part of your and your spouse house if it belongs to spouses parents?

No. You will have no legal right to assets in someones name other than yours and your spouse's. Special circumstances may apply and may vary state to state. You and your spouse have been purchasing the home together from the parents) In this case you should be eligible to split equity in home.


Can your spouse sell our home without the other spouse permission?

Not if it has both spouses on the deed. And in some states, even if the spouse is not on the deed, her permission has to be obtained, because she may have dower rights in the property.


Can you get a home equity loan if you have a lien on your property?

Most home equity loans take 2nd lien behind the first mortgage. I'm going to assume that you have a first mortgage with a lien behind it and are seeking a home equity loan. If you want your home equity loan to close, you'll either need the existing 2nd lien to subordinate to your new home equity line of credit. In other words, it would have to allow the home equity line to be second and it would have to move from 2nd to 3rd. Without their consent in doing this, you'd have to pay them off to get the home equity line of credit.


What are the benefits of equity home loan refinancing vs other options?

Home equity loans are generally more favorable in the face of interest rates and terms. Home equity loans are also generally cheaper compared to other options.


In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?

If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.


Can you get a home equity loan after you are divorced but still on the mortgage?

If you and your former spouse still own the property you can get an equity loan if both parties consent and both sign the note and mortgage.If you and your former spouse still own the property you can get an equity loan if both parties consent and both sign the note and mortgage.If you and your former spouse still own the property you can get an equity loan if both parties consent and both sign the note and mortgage.If you and your former spouse still own the property you can get an equity loan if both parties consent and both sign the note and mortgage.

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