Non-Borrowing Spouse:
It used to be that if a borrower had a spouse who was under age 62 and that borrower was not on the reverse mortgage and the borrower passed away, the spouse would have to vacate the home if they could not pay off the reverse mortgage. For this reason, we discouraged borrowers from taking out a reverse mortgage on their home if their spouse was under 62 years of age.
There has been a change in reverse mortgage parameters so that even IF you have a spouse who is not 62 years of age, you can still apply for a reverse mortgage. By being listed on the HECM as a non-borrowing spouse, he/she will be protected and be able to remain in the home after your passing.
However, if there is a HECM line of credit, it would no longer be accessible to the non-borrowing spouse, and any monthly proceeds would end. Speak to your reverse mortgage professional about these issues to see if a Reverse mortgage is still a viable option for you.
NOTE: Prior to obtaining a reverse mortgage, consult an attorney to obtain any necessary documents in existence such as will, life estate, power of attorney, marriage certificate (only as applicable) as these documents will be reviewed by an underwriter at the lender especially if there is a non-borrowing spouse.
What happens to non-borrowers when a
HECM borrower passes away?
According to HUD, Housing and Urban Development, non-borrowing spouses may continue to live in the mortgaged property after the death of the last remaining HECM borrower provided they meet all the established FHA requirements and as long as the HECM loan is not in default (such as failure to pay required property taxes or hazard insurance payments, failure to maintain the home in good condition, and failure to occupy the home as your primary residence
An eligible surviving, non-borrowing spouse may continue to live in the mortgaged property after the death of the last surviving HECM borrower, if the following conditions are met and continue to be met:
1. The non-borrowing spouse is named in the loan documents as a non-borrowing spouse.
2. The HECM cannot be in default (eligible to be called due and payable) for any reason other than the last borrower’s death, for example: failure to pay required property taxes or hazard insurance payments, failure to maintain the property according to FHA requirements); and
3. The borrower and his or her spouse were either:
a. legally married at the time the HECM closed and remained married until the HECM borrower’s death.
b. engaged in a committed relationship akin to marriage but were legally prohibited from marrying before the closing of the HECM because of the gender of the borrower and non-borrowing spouse, if the spouses legally married before the death of the
borrower and remained married until the death of the borrowing spouse; and
4. The non-borrowing spouse lived in the property at loan closing and continues to live in the property as his or her principal residence.