Profile picture for alfredov

Can my wife buy a house under her name if the house I bought under my name was foreclosed?

Before I was married, I bought a house in 06 under my name and it now in foreclosure. I then got married in 07, Can my wife buy a house under her own name?
  • December 17 2008 - Sacramento
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Answers (4)

It really depends on the state you are in. Community property states have very different laws regarding real property than other states.

We bought a house in Philadelphia under my husband's name no problem (no bankruptcy, but a house in my name in another state that has a pretty hefty mortgage)...had we been trying to buy in Washington state, I doubt that would have flown becuase of the community property laws.
  • December 18 2008
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If your wife fully qualifies to buy a home based on her income, employment and FICO score, you're home free. No problem. 
You will be required to sign a quitclaim deed to your wife. Your wife will take title in her name and qualify for the mortgage in her name, too.

This is very common nowadays.
  • December 18 2008
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If I remember correctly, depending on the state you are in, she can buy on her own, but you MUST remain off the deed. In other words, you cannot be on the title to the property without being on the mortgage note.

If her income can support buying a home without you, then yes, of course she can.

Hope that helps.


  • December 18 2008
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Profile picture for pauljohnson_1
Your history will be considered. I've worked with this situation before, but not lately. Talk to a loan officer - it's free.
  • December 18 2008
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