I have the home in a family trust. I am unmarried but have lived with my “wife” for years. She inherits the home by last will. Do we qualify for a reverse mortgage?
The short answer is yes. You can have your home in a family trust with a reverse mortgage. Firstly, as a lender, we only get so much information. Then we rely on the title and affidavits we receive when originating the loan.
For example, we would do a title search and see that the current title is in the name of your trust, and we would get a copy of that trust. We would have a copy of your application stating you were unmarried.
With reverse mortgages, there are forms that adult property occupants must sign stating that they have no ownership interest in the home and are aware of the transaction. With that documentation, there is no problem doing a reverse mortgage loan for someone with your circumstances.
Who inherits the house is of no consequence in making the loan. If she has a current ownership interest, she would have to be considered in the loan, and the title would have to reflect her interest.
Suppose you want her also to be included in the loan. As long as she is 62 or older, you can change the title to include her, and she can also be included on the reverse mortgage, even though she is not married to you.
If she is not yet 62, she cannot be a non-borrowing spouse because she does not meet the qualifications (under 62 but married to the reverse mortgage borrower when the loan originated).
Under the parameters you have described, you could obtain the loan in your name alone at this time since you are not married. You get sole ownership of the property, and nothing would prevent her from inheriting the home after you pass.
IF MY SPOUSE IS NOT ON TITLE, WILL SHE BE UNABLE TO STAY IN OUR HOME AFTER MY DEATH?
Trusts & Non-Borrowing Spouses
Unless she is on the title or is a bona fide non-borrowing spouse, the loan becomes due when the last borrower or non-borrowing spouse at the time the loan is obtained permanently leaves home.
Under your scenario, she owns the home when you find it to her, and nothing says she has to leave the property. Still, if she does not have the money to repay the obligation, she would have to sell the home to pay off the loan if she was not on the title when the loan was taken and was not a non-borrowing spouse time.
We constantly coach borrowers to understand the options before they close the loan, not after the time comes when a loved one has passed, and now they have to scramble.
Your proactive research will help you greatly so that your significant other is not trying to figure this all out at a time in her life when things are difficult enough.
As you stated, the options are to be 62 or over and on the title when the loan closes, be a non-borrowing spouse, or make other arrangements in advance if you want to proceed with the reverse mortgage.
Some of the other arrangements that non-borrowing spouses have told us about in the past include a life insurance policy in place to pay off the mortgage at the passing of the older spouse, a second home owned by the couple that the non-borrowing spouse intended to move to at that time or family that the non-borrowing spouse had plans to move in with or closer to upon the passing of the older spouse and plans to sell the home at that time anyway.
Absent a clear plan in advance, finding out after a loved one has passed that you now have an obligation that must be repaid with no means to repay it, forcing a move is a terrible way to proceed.
You need to decide now if you want to take the steps outlined above to protect your significant other so that she can remain in the home if that is your and her desire or determine that the reverse mortgage does not fit with your plans.
Can you get a reverse mortgage if your property is in a trust?
What are my options if my trust fails to meet the guidelines to obtain a reverse mortgage?
Can a property be taken out of trust before or after I obtain a reverse mortgage?
Can I amend my trust after I get a reverse mortgage?
Can I obtain a reverse mortgage if I am a successor beneficiary of a trust?
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