Is spousal consent required for a DSCR loan?
In community-property states (CA, AZ, NV, TX, WA, ID, NM, LA, WI), yes - the non-borrowing spouse must sign consent. Title-only signature, not on the note.
Spousal consent on a DSCR loan depends on the state. In community-property states (California, Arizona, Nevada, Texas, Washington, Idaho, New Mexico, Louisiana, Wisconsin), the non-borrowing spouse is required to sign a spousal consent or "non-borrowing spouse" acknowledgment at closing, even if they are not on the loan. The spouse signs the deed of trust / mortgage to acknowledge the lien on the marital property, but not the promissory note - they are not personally liable for the debt. In common-law states, spousal consent is generally not required for an investment-property loan unless the property is held jointly or in tenancy by the entirety. LLC-vested DSCR loans complicate this slightly: even in non-community-property states, if the LLC has a single member who is married, some lenders require the spouse to sign a personal guarantee or acknowledgment. The cleanest path: if you are married and the loan or property is in your name, expect to obtain spousal consent regardless of state, and have the spouse available at closing.
People also ask
Does the spouse sign the promissory note?
No. Spousal consent is title-only. The non-borrowing spouse acknowledges the lien but is not personally liable for the loan.
Can I avoid spousal consent by titling the property in an LLC?
Sometimes. If the LLC is owned solely by the borrowing spouse and the property was acquired with separate funds, some lenders waive consent. Specific to state law - ask the lender upfront.
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