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Mortgage Applications: Family Status, Age, and Sources of Income

Mortgage underwriting involves questions about income and repayment, but applicants also have protections against certain kinds of unequal treatment. Family status, age, and nonwage income can raise questions that are separate from whether a loan is affordable. Keep track of what the lender asks and how it explains a decision, especially when the reason seems unrelated to your finances.

The questions below use selected Consumer Financial Protection Bureau guidance, adapted and organized by Fynoptic. Source links and the dates displayed by those sources are provided at the end.

Does my spouse have to co-sign my mortgage loan?

In general, a creditor such as a lender cannot require your spouse’s (or another person’s) signature for individual credit if you qualify on your own for the amount and terms requested.

Your spouse is generally not required to co-sign if you are getting the mortgage in your name only and you’ve qualified without a co-signer. However, if you are applying for joint credit, a lender may require your spouse’s signature (or the signature of the person with whom you are applying).

If you apply for a mortgage or home equity loan, a lender may require your spouse or other person to co-sign if it’s required by state law to secure your property as collateral if you were to fail to repay your loan. This might include documents to create a valid lien or clear title. See the full rule.

Can two unmarried people apply jointly for a mortgage or a home equity loan?

Yes, an unmarried couple can get a joint mortgage loan, but there are a few things you’ll want to consider before applying for a loan.

A creditor or loan originator may not treat married joint applicants differently from unmarried joint applicants based on the existence, absence, or likelihood of a marital relationship.

However, when submitting a joint application for a mortgage or home equity loan as unmarried joint applicants, you may want to consider the following:

  • Discuss each other's financial status – including income, credit scores, and any other financial debt obligations – to ensure you are both ready to purchase a home.
  • Establish a cohabitation agreement that outlines how the property will be divided between you in case of financial disputes down the line.
  • Decide how each applicant will contribute to the various costs associated with purchasing a home, including the down payment, closing costs, the monthly mortgage payments, and utilities.

Can a lender ask about your children or dependents when applying for a mortgage or home equity loan?

A creditor such as a lender may ask about the number and ages of your dependents. A lender may also ask about dependent-related financial obligations or expenses.

However, a lender may do so only if the creditor asks for this information without regard to sex or marital status (or any other prohibited basis).

A lender cannot ask you about your birth control practices. A lender also cannot ask about your intentions concerning having or raising children or your capability to have children.

Further, a lender is prohibited from discriminating in a mortgage or home equity loan because of familial status. Familial status means one or more individuals under 18 living with either a parent or another person who has legal custody of that individual. You also cannot be discriminated against for being pregnant or in the process of securing legal custody of someone under the age of 18.

Can a lender or broker ask me about the alimony, child support, or separate maintenance payments that I receive?

In general, only if you want the creditor to consider such payments as part of your application for credit.

A lender or broker may ask whether income stated in your application comes from alimony, child support, or separate maintenance payments. However, the lender or broker must tell you that you do not have to reveal such income if you do not want it considered.

Can a lender or broker consider my sex or marital status when deciding whether to give me a mortgage or home equity loan?

A creditor such as a lender or broker cannot discriminate on the basis of sex or marital status.

With respect to most mortgage transactions, a lender or broker may ask for your sex, but only to support compliance with anti-discrimination laws.

If you are applying for joint credit or credit secured by collateral (like a mortgage or home equity loan), the lender or broker may only ask if you are married, unmarried, or separated. The lender or broker may explain that the unmarried category includes single, divorced, and widowed persons. Lenders can’t require married same-sex couples to provide different documentation of their marriage than married opposite-sex couples.

A lender or broker may consider your marital status as it affects the creditor’s ability to reach the property in the event of nonpayment. For example, for mortgage and home equity loans, a creditor could consider whether your spouse has an interest in the property that is being offered as collateral for the loan.

Submit a complaint with the CFPB

If you believe a lender has discriminated against you for any reason, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You’ll need the dates, amounts, and other details about your complaint before submitting. We’ll provide you a way to monitor the status and progress of your complaint.

If I am married, can a lender or broker turn down my application for a mortgage or home equity loan in my own name?

If you’re applying for individual credit in your own name, a creditor – such as a lender or broker – can’t deny you credit because of your marital status.

If you are creditworthy, you can get your own mortgage or home equity loan based on your own qualifications, and a lender or broker generally can’t require your spouse to co-sign the loan.

A lender or broker, however, can request information about your spouse, or former spouse, in the following cases:

  • They’ll be responsible for paying debts on the account
  • You are relying on their income to repay the loan
  • You reside in a “community property” state
  • You are relying on property located in a “community property” state to repay the loan
  • You are relying on alimony, child support, or separate maintenance payments from a spouse or former spouse to repay the loan

If you’re unable to make your payments, your spouse’s signature could be required on documents that make the property available to satisfy the debt. For example, a lender or broker may require your spouse to sign documents to create a valid lien or pass clear title.

Can a lender or broker consider whether I receive income from a public assistance program when deciding whether to give me a mortgage or home equity loan?

A creditor such as a lender or broker cannot discriminate against you because you receive public assistance income.

Like any other income, a lender or broker may consider whether your public assistance income is likely to continue. If your income is not likely to continue, that fact can be considered in determining your creditworthiness.

Can a lender consider your age when deciding whether to give you a mortgage or home equity loan?

Generally, a creditor such as a lender cannot use your age to make credit decisions.

However, there are exceptions to this rule. For example, age can be considered in a valid credit scoring system but it can’t disfavor applicants 62 years old or older. However, the scoring system may favor applicants 62 years or older.

Age will be considered when applying for a Home Equity Conversion Mortgage, which is a type of Reverse Mortgage.

In addition, a lender may relate your age to other information about you that the lender considers in evaluating creditworthiness. For example, a lender may consider your job and length of time to retirement to determine whether your income (including your retirement income) will be adequate for the life of the loan.

What can I do if I think a mortgage lender discriminated against me?

If you think you’ve been discriminated against by a lender or creditor, check for your local state protections. You can also submit a complaint with the CFPB.

Look out for warning signs

Discrimination by a creditor is often hidden or even unintentional, which can make it hard to spot. Pay attention to these potential warning signs:

  • Refusing you credit if you qualify for it
  • Discouraging you from applying
  • Offering you less favorable credit terms
  • Closing your account

Understand credit discrimination protections

The Equal Credit Opportunity Act (ECOA) makes it illegal for a creditor, such as a lender or mortgage broker, to discriminate against you when you're applying for credit (including a home mortgage, refinancing, home equity loan, or business loan) because of:

  • Race or color
  • Religion
  • National origin
  • Sex
  • Marital status
  • Age (if the applicant is old enough to enter into a contract)
  • You’ve received income from any public assistance program. This includes, but is not limited to, Social Security and Supplemental Security Income (SSI), unemployment compensation, Temporary Assistance to Needy Families (TANF), and Supplemental Nutritional Assistance Program benefits (SNAP). Some Veterans’ benefits may also be considered income from a public assistance program (in which case no creditor may discriminate against a veteran on the basis of receiving such benefits).
  • You’ve exercised in good faith a right under the Consumer Credit Protection Act, which is a collection of consumer protection laws, including ECOA, relating to credit

A lender is allowed to consider immigration and residency information, and other information that could affect the lender's ability under the law to make sure the loan is repaid. They also are allowed to consider laws, regulations, and executive orders that limit dealings with citizens of certain countries. But they cannot use immigration status to justify discriminating against you based on your national origin, race, or other protected characteristics.

The Fair Housing Act also makes it illegal to discriminate against anyone who is seeking a mortgage, home equity loan, or loan to build, repair, or improve a home based on:

  • Race or color
  • Religion
  • National origin
  • Sex
  • Handicap (disability)
  • Familial status

Service in the military—whether current or prior service—is not a protected class under the Equal Credit Opportunity Act (ECOA). Some state laws make it illegal to discriminate against you based on military or veteran status.

If you are a servicemember or veteran and believe you may have been discriminated against due to your military service, then contact your closest legal assistance (JAG) office to seek help. You also may be able to get assistance from your state attorney general.

Learn more about fair lending.

Submit a complaint with the CFPB

If you believe a lender has discriminated against you for any reason, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You’ll need the dates, amounts, and other details about your complaint before submitting. We’ll provide you a way to monitor the status and progress of your complaint.

Sources and further reading

The CFPB source passages are U.S. government work in the public domain. Fynoptic has selected, organized, and adapted the material for this guide, including corrections identified through the additional sources listed above. Sources accessed October 27, 2026. This use does not imply agency endorsement or affiliation.

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