Married couple obtaining HELOC

In PA, if the home I reside in is owned by my husband and his mother, must I, as my husband’s spouse, be the co-signer on a HELOC strictly because we are married? Couldn’t he obtain a HELOC without me co-signing on the loan? I am not an owner of the home.

Asked on September 7, 2017 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he's not wrong. If you were unmarried co-inhabitants, he would not need you, but the law wants to make sure that a spouse cannot be thrown out of her home because her spouse took out (and then defaulted on) a loan without her knowledge or consent. Therefore, the law gives you some rights to interfere in the foreclosure process even though you are not on the deed, and as a result, the bank/lender will want you to sign as well, to make sure you are aware of and bound by the loan.

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