Texas is a community property state, and that changes two things when you're married and buying a home, even if only one of you is on the loan. First, on FHA, VA and USDA loans, your spouse's debts are generally counted in your debt-to-income ratio even if your spouse isn't a borrower, so your spouse's credit is usually pulled. Second, if the home will be your homestead, Texas law requires your spouse to sign the lien documents at closing, even if your spouse isn't on the note. Conventional loans work differently on the debt side. Here's how each piece works so nothing surprises you at the title company.
Under the Texas Family Code, separate property is what a spouse owned before marriage, plus gifts and inheritances received during marriage. Community property is everything else either spouse acquires during the marriage, and property either spouse has during the marriage is presumed to be community unless it's proven separate by clear and convincing evidence (Tex. Fam. Code 3.001 to 3.003).
That's why lenders don't treat a married borrower in Texas as if the spouse doesn't exist. It doesn't mean your spouse becomes a borrower. It means some loan programs look at your household's debts, and Texas homestead law protects your spouse's interest in the home.
These are two different signatures, and mixing them up is the most common confusion:
So a non-borrowing spouse usually signs the deed of trust and related documents on a homestead, without becoming liable on the note. FHA says the same thing in its own words: in community property states, your spouse doesn't have to be a borrower or co-signer, but the mortgage must be signed by everyone needed to make the lien valid under state law (HUD 4000.1 II.A.1.b.ii(A)(4)). Your title company decides exactly who signs what.
FHA's rules are the most detailed (HUD 4000.1):
The same rules appear in the manual underwriting chapter. See FHA loans for the rest of the program.
VA's underwriting rule says that in community property states, information about a spouse may be requested and considered in the same way as for the applicant (38 CFR 36.4340(f)(1)). For residual income, every member of the household counts, including a spouse who isn't on the title or the note, though a spouse with verified stable employment may not need to be counted (38 CFR 36.4340(e)). See residual income.
USDA's regulation says that, except for obligations specifically excluded by state law, the debts of a non-purchasing spouse must be included in the applicant's repayment ratios if the applicant lives in a community property state (7 CFR 3555.151(h)(1)(iv)). See USDA loans.
Fannie Mae's monthly debt rules are built around debts the borrower owes, including joint debts, and the topic doesn't include a separate community property rule for a non-borrowing spouse (Selling Guide B3-6-05). In practice, that means your spouse's separate debts usually aren't in your ratios on a conventional loan, but debts you're both on are. The homestead signature rule still applies, because that comes from Texas law, not the loan program.
Normally, the Equal Credit Opportunity Act's Regulation B limits what a lender can ask about your spouse. It specifically allows those questions when you live in a community property state or rely on property located in one to repay the loan (12 CFR 1002.5(c)(2)(iv)). So the question isn't nosiness. It's a program requirement, and I'll explain it before any credit is pulled.
This example is made up to show how the rules apply.
Marcus is buying a home in Keller with an FHA loan in his name only. His wife, Dana, has a car payment and an old medical collection, and she isn't applying. Because the home is in Texas, the lender pulls Dana's credit, includes her car payment in Marcus's debt-to-income ratio, and counts her collection in FHA's $2,000 collection analysis. Her credit scores and history aren't used to deny Marcus. At closing, Dana signs the deed of trust because the home is their homestead, but she doesn't sign the note and isn't personally liable for the loan. If Marcus had used a conventional loan instead, Dana's car payment generally wouldn't be in his ratios because he isn't obligated on it, but she'd still sign the homestead lien documents.
If you already own a homestead and are thinking about a cash-out refinance, Texas has extra rules for that too. See Texas cash-out refinance.
Married and buying with one name on the loan? Tell me early, and I'll show you which of your spouse's debts count for your loan type and who needs to sign at closing. Schedule a call, or when you're ready, start an application.
Links checked Oct 21, 2026.
About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.
Equal Housing Opportunity.
Last reviewed: Oct 2026