Friday, April 30, 2010

Can my husband use his VA Loan is we are legally separated?

My husband and are I are legally separated and he wants to use his VA loan in California a community property state will they allow him to do so without showing my credit and debts?Can my husband use his VA Loan is we are legally separated?
VA loans are issued by commercial banks, like Bank of America, Wells Fargo, etc. The US Veterans Admin. promises to pay of the loan if the veteran fails to pay and the home goes into foreclosure.





It is very rare the government actually loans the money.





So, most likely the bank will require some paperwork from the spouse, since the separated spouse will still have a claim on the home until divorce, and a divorce proceeding could involve the banks standing.Can my husband use his VA Loan is we are legally separated?
Since your husband is the veteran, his eligibility is his alone, not yours. Therefore, he can use the certificate without your contribution or permission.





Whether he qualifies for a loan without your input is another question. He has the right to borrow money without consideration of your financial situation. However, until your divorce is final he probably should not do it. Any property acquired during the marital term is the property of both partners.



The Military does not recognize separated, only married or divorced. If he can get a VA certificate he should be able to get the loan. I will probably depend on who was in the military you or him.
as long as her can qualify for the loan without your income and credit he can.


He will have to apply as married w/ non borrowing spouse. Your name will be on the deed not the loan.
Yes, anything he purchases after you separate is NOT community property, you are not involved at all.
Your marital status has nothing to do with his eligibility for a VA loan.
Because that VA benefits is his, yes he can within the guidelines of the VA.

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