Last reviewed: 3 October 2026
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Reverse mortgages and a spouse who is not a borrower, explained
When a reverse mortgage borrower dies or moves out, the loan can become due. This page sets out what the CFPB and HUD’s regulation say about a spouse who is not a borrower, and about everyone else in the home.
What this term means: A HECM is the federally insured reverse mortgage the CFPB page describes. HUD’s regulation defines a “Non-Borrowing Spouse” as the spouse of the HECM borrower at the time of closing who is also not a borrower.[3] An “Eligible Non-Borrowing Spouse” is one who meets all the regulation’s Qualifying Attributes for a Deferral Period.[3] The “Deferral Period” is the time after the last surviving borrower’s death during which the loan’s due and payable status is deferred for an Eligible Non-Borrowing Spouse.[3]
Who is covered, as the CFPB describes it
| Person | What the CFPB says |
|---|---|
| A co-borrower (spouse or anyone else) | The co-borrower can stay in the home even if the other borrower dies or moves out. |
| A spouse who is not a co-borrower, married to the borrower when the loan was taken out | The spouse may be able to stay without paying the loan balance if the spouse qualifies under HUD’s rules. One example the CFPB gives: the spouse must continue to live in the house as their principal residence. |
| Children, relatives or other dependents who are not co-borrowers, and spouses who do not qualify as an Eligible Non-Borrowing Spouse | They have the option to pay off the loan balance to remain in the home, using another source of funds. |
The CFPB adds that, for a loan that becomes due, you and your family members or heirs will need to pay off the reverse mortgage to stay in the home.[1]
What HUD’s regulation requires of an eligible non-borrowing spouse
Under 24 CFR § 206.55(c), to be an Eligible Non-Borrowing Spouse the spouse must meet these requirements.[2]
- Have been the spouse of a HECM borrower at the time of loan closing, and remained the spouse for the borrower’s lifetime.[2]
- Have been properly disclosed to the mortgagee at origination and specifically named as an Eligible Non-Borrowing Spouse in the HECM mortgage and loan documents.[2]
- Have occupied, and continue to occupy, the property as a principal residence.[2]
- Meet any other requirements the HUD Commissioner prescribes by Federal Register notice for comment.[2]
Under § 206.55(d), after the last surviving borrower dies the Eligible Non-Borrowing Spouse must, within 90 days, establish legal ownership or another ongoing legal right to remain in the property for life.[2] The spouse must also keep satisfying the borrower’s other obligations in the loan documents and make sure the loan does not become eligible to be called due and payable for any other reason.[2]
Timing and what cannot be changed later
- The regulation says a spouse who meets the requirements at origination is an Eligible Non-Borrowing Spouse and may not elect to be ineligible.[2]
- A spouse who was ineligible at origination because the requirements were not met is not later eligible when the borrowing spouse dies or moves out.[2]
- An Eligible Non-Borrowing Spouse becomes ineligible if any of the requirements ceases to be met.[2]
- If a Deferral Period ends because the spouse no longer meets the Qualifying Attributes and has become an Ineligible Non-Borrowing Spouse, the lender may not give an opportunity to cure the default and the loan becomes immediately due and payable.[2]
- If a Deferral Period ends but the spouse still meets the Qualifying Attributes, the lender must give the spouse 30 days to cure the default, in accordance with § 206.57.[2]
- The section does not interfere with the ability of the borrower’s estate or heirs to dispose of the property if they are otherwise legally entitled to.[2]
Counseling
The CFPB says that before you apply for any reverse mortgage you and your spouse or partner should work with a HUD-approved housing counselor.[1] Read our guides to the HECM counseling requirement, the HECM financial assessment and finding a HUD-approved counselor. The CFPB gives HUD’s housing counselor referral line as (800) 569-4287.[1]
How to verify this yourself
Read the CFPB page and the two regulation sections in the reference list; they are the source for every statement above. Your own loan documents show who is a borrower and whether a spouse is named as an Eligible Non-Borrowing Spouse; ask your servicer for a copy. Our guide to HECM, HELOC and home equity loans and reverse mortgage marketing checklist cover related ground. Our published standard and the Register cover how we check loan originators, including those who offer HECMs; neither reviews an individual loan.
What this page does not cover
This page is general information, not legal advice. Whether a particular spouse or resident can stay in a particular home depends on the loan documents, state law and HUD’s current rules, and the consequences can be severe. Ask a HUD-approved housing counselor and, for legal questions, a lawyer or legal aid office. It covers the CFPB page and two sections of HUD’s regulation only. It does not cover what happens to a loan after an heir inherits the home, or other reasons a loan can become due. The CFPB page was last reviewed 2 January 2025. This page was last reviewed 3 October 2026.
Your next step
Find the borrower and spouse names on your loan documents and write down any question about who is protected. Take those questions to a HUD-approved housing counselor, who can be reached at the number above. Return to the Mortgage help library for related guides.