A married applicant applies alone for a $240,000 loan and qualifies on her own income. The underwriter asks for her husband's signature on the note. May the lender require the husband's signature on the note solely because the qualified applicant is married?
Correct Answer
B) Prohibited: a qualified applicant may not be required to bring a spouse
B. Requiring the husband to sign solely because the applicant is married is prohibited. The applicant applies individually and qualifies under the lender’s creditworthiness standards. The requested signature is on the note. Marriage alone is not a reason to impose another person’s credit obligation. Scope and exceptions: Do not generalize this result to a genuinely joint application or assume that every document-signature requirement has the same purpose. Source: 12 CFR 1002.7(d)(1); official interpretation 7(d)(1) — https://www.consumerfinance.gov/rules-policy/regulations/1002/7/
Why This Is the Correct Answer
B. Requiring the husband to sign solely because the applicant is married is prohibited. The applicant applies individually and qualifies under the lender’s creditworthiness standards. The requested signature is on the note. Marriage alone is not a reason to impose another person’s credit obligation. Scope and exceptions: Do not generalize this result to a genuinely joint application or assume that every document-signature requirement has the same purpose.
Why the Other Options Are Wrong
Option A: Permitted, because a married borrower's spouse is always a party to it
Marriage does not by itself justify a mandatory spouse signature.
Option C: Prohibited only if the lender also asks about her marital status
The signature restriction does not depend on whether a marital-status question was asked.
Option D: Permitted where the property sits in one of the 9 community property states
Naming community-property states does not establish a blanket permission to require the spouse on the note.
Exam Tip
Separate individual qualification from marital status.
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