Can I purchase rental property or co-sign a mortgage loan without my spouse’s knowledge?

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Can I purchase rental property or co-sign a mortgage loan without my spouse’s knowledge?

Asked on July 8, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally you may--the law does not require both spouses to sign a lease or take out a mortgage together. Of course, many landlords, lenders, etc. will *not* choose to rent to only one spouse or let only one sign a mortgage--they may require both, which is their right. (They are not required to lease or loan to you; since doing so is voluntary, they can put conditions or requirements on it.) There is also no law preventing the leasor or mortgagee from informing your spouse about what is happening. And if you should end up getting divorced and if you leased or took out a mortgage without your spouse's knowledge, that fact will likely work against you  in your divorce (e.g. in  distributing assets or in deciding on spousal support [alimony]).


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