How Spouses are treated on a VA Loan

When you’re working with clients applying for a VA-guaranteed home loan, it’s essential to clearly understand how a spouse may or may not be involved. These rules impact the application, documentation, entitlement usage, and future options. Below are the key points you must discuss during file structuring.

Key Points You Should Cover

  • Only one borrower on a VA loan must be an eligible Veteran or active duty service member.
  • The Veteran or service member with VA eligibility should appear first on the loan application.
  • If the Veteran is married, they are not required to include their spouse on the loan application. However, in community property states the spouse’s liabilities must be included, and if the spouse has income you may offset those liabilities with that income.
  • It is permissible for the Veteran’s spouse to appear on the title of the property even if they are not on the loan application. By contrast, a non-spouse cannot be added to the title without being a borrower or co-owner under the loan requirements.
  • One major advantage of VA financing: if the Veteran passes away while the loan is in place, their spouse may still be able to execute a VA IRRRL (Interest Rate Reduction Refinancing Loan) on the remaining VA loan, even if the spouse does not have their own VA eligibility.
  • When both borrowers are Veterans (e.g., a “mil-to-mil” couple), you have options: use all of one spouse’s entitlement, split the entitlement between them, or combine their entitlements. It’s critical to ask and explain how entitlement works to married Veteran clients.

Additional Insights & Context

According to VA’s own guidance and lenders’ explanations:

  • A civilian spouse cannot use a VA loan without the Veteran or eligible service member unless in very specific circumstances (for example, as a surviving spouse under VA rules). 
  • Surviving spouses may be eligible for a VA home loan if their Veteran spouse died in service, or from a service-connected disability, or was missing in action (MIA) or a prisoner of war (POW). Some of these rules changed through legislation such as the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. 
  • For your role as loan officer, verifying the proper Certificate of Eligibility (COE) is critical. Without a valid COE, the VA cannot guarantee the loan. 

What You Should Ask and Document

  1. Who on the application is the eligible Veteran or service member? Make sure they are listed first.
  2. Will the spouse be a co-borrower or simply on title (or neither)? Explain the advantages and disadvantages of each scenario, and how it affects credit, liabilities, and underwriting.
  3. Is the state a community property state? If yes, include the spouse’s debts (and possibly income) in your debt-to-income analysis. 
  4. If both borrowers are Veterans: Review which entitlement scenario they want to use. Will one spouse’s full entitlement be used, or do you split? Note this clearly in the file as it affects underwriting and future usage.
  5. If the spouse is just on title: Confirm the lender allows non-borrowing spouses on title for VA loans and document accordingly.
  6. If the Veteran passes away: Explain to the Veteran and spouse that VA loan benefits may still transfer or permit refinancing via VA IRRRL, protecting the spouse’s interests.
  7. If the spouse might wish to use a VA loan alone (in the future): Review surviving-spouse rules, remarriage status, and the necessary certifications. 

Why This Matters for Your Workflow

By addressing spouse involvement early, you reduce surprises later in underwriting and closing. You align your borrower’s expectations, avoid delays, and ensure compliance with VA guidelines. Clear upfront conversations about who is on the loan, who is on title, entitlement usage, and future options (like what happens in a spouse’s death) make the process smoother and more transparent for everyone.

Summary

As a mortgage loan officer helping Veterans or service members, having a solid grasp on how spouses are handled in VA loan applications is essential. You’ll need to guide clients on whether the spouse will apply, whether they’ll be on title, how entitlement will be used, and what rights the spouse may have after the Veteran’s passing. With this knowledge, you’re giving your borrowers clarity, protecting their benefit, and delivering a better workflow.