Can I sell my house to my husband and him get a loan to purchase it?

UPDATED: Oct 1, 2022

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Can I sell my house to my husband and him get a loan to purchase it?

I want to refinance my home but my credit score is not high enough. My husband’s is but he is not currently on the title. Can he buy the home from me?

Asked on February 2, 2019 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, you can do this: any person may sell anything they own and want to sell to any other person, even a spouse. There is no guaranty this will result in him getting a mortgage, since while this is a legal transaction, it's highly unusual, and banks are very conservative: they don't like the new and novel generally. But you may legally do this and try to get a loan. Before doing so, have you considered just having your husband co-sign or guaranty a new mortgage with you--adding him to your application may be enough.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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