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Reverse mortgage question

What is an eligible non-borrowing spouse?

An eligible non-borrowing spouse is married to a HECM borrower, isn't on the loan (usually because they're under 62), and lives in the home. If the borrower dies or moves into long-term care, the loan's due date can be deferred, so the spouse can generally keep living there. To keep that protection, they must stay married to the borrower, keep living in the home, and continue to pay property taxes and homeowners insurance, maintain the home, and meet the other loan terms. The tradeoffs are that the younger spouse's age lowers how much money is available, and no more money is paid out after the borrower dies.

Short answer: an eligible non-borrowing spouse is the spouse HUD protects. They're not on the loan, but they can generally stay in the home after the borrower is gone.

The most common reason someone ends up as a non-borrowing spouse is age. On a HECM, every borrower has to be at least 62. If one of you is 68 and the other is 59, only the 68-year-old can be the borrower. The 59-year-old can be an eligible non-borrowing spouse.

Who qualifies

For a HECM with a case number assigned on or after August 4, 2014, an eligible non-borrowing spouse generally must:

  • Be legally married to the borrower when the loan closes.
  • Be disclosed to the lender, with their name and age, and named as a non-borrowing spouse in the loan documents.
  • Live in the home as their primary residence at closing.

And to keep the protection, they must:

  • Stay married to the borrower for the rest of the borrower's life.
  • Keep living in the home as their primary residence.
  • Continue to pay property taxes and homeowners insurance, maintain the home, and meet the other loan terms.

Each year, the servicer checks in to confirm the spouse still qualifies. HUD lets that check-in be done in writing, electronically, or by phone.

What the protection does

If the borrower dies

Normally, a HECM comes due when the last borrower dies. With an eligible non-borrowing spouse, the loan enters a deferral period instead. The lender doesn't call the loan due, and the spouse can keep living in the home for as long as they meet the requirements.

The spouse certifies to the servicer that they're still married to the borrower at death, still living in the home, and that the other loan terms are being met. Since 2021, they don't have to prove they hold title or have a legal right to stay.

If the borrower moves into long-term care

A HECM can generally come due if the borrower lives in a health care facility for more than 12 consecutive months. Since 2021, an eligible spouse who keeps living in the home is protected in that situation too.

The two tradeoffs

1. Less money at closing. How much you can access depends partly on age. With an eligible spouse, the younger spouse's age is used in the math, which lowers the amount. The bigger the age gap, the bigger the difference.

2. The money stops when the borrower dies. During the deferral period, no more money is paid out. Monthly payments end, and the unused line of credit can't be drawn. The spouse keeps the home, not the income.

That second one is the part I spend the most time on with couples. The deferral protects the roof over the spouse's head. It doesn't pay the property taxes. So we talk about how the surviving spouse will cover taxes, insurance, upkeep, and living costs on their own.

How the protection can be lost

  • Divorce before the borrower dies. A legal separation doesn't end the marriage, but a separated spouse who moves out usually loses eligibility because the home is no longer their primary residence.
  • Moving out of the home for good.
  • Falling behind on property taxes, homeowners insurance, or upkeep.
  • Not meeting other loan terms, like HOA dues where they apply.

When the deferral ends, the loan comes due, and the rules for heirs apply. See Reverse Mortgages and Heirs.

What if our loan is from before August 4, 2014?

The deferral rules above don't apply automatically to older HECMs. But a surviving spouse may still be able to stay through a Mortgagee Optional Election (MOE) assignment, where the lender assigns the loan to HUD at its option. The lender doesn't have to choose it, and the loan can't be in default for another reason, like unpaid property taxes. If that's you, call your servicer and ask about MOE right away. The Non-Borrowing Spouse guide walks through it.

A few planning tips

  • Make sure the spouse is named correctly in the loan documents. Check the spelling and date of birth.
  • Keep your marriage certificate where the surviving spouse can find it.
  • Bring the younger spouse to counseling and to every conversation with me. They need to understand the loan as well as the borrower does.
  • Plan for income after the first spouse dies. Life insurance, savings, or drawing funds while the borrower is alive can all help. That's a conversation for your financial advisor too.
  • Compare options. Sometimes waiting until both of you are 62, or a proprietary (jumbo) reverse mortgage with different age rules, works better.

If one of you is under 62, I'm glad to run the numbers both ways. Get your estimate or call us at 530-888-6000.

Sources

  • HUD Mortgagee Letter 2014-07, April 25, 2014: hud.gov
  • HUD Mortgagee Letter 2015-02, January 9, 2015: hud.gov
  • HUD Mortgagee Letter 2021-11, May 6, 2021: hud.gov
  • HUD Mortgagee Letter 2023-23, November 30, 2023: hud.gov
  • HUD HECM Borrower and Non-Borrowing Spouse Certifications, revised October 31, 2023: hud.gov

ZYNG Mortgage, Inc., NMLS #76801. A reverse mortgage has no required monthly mortgage payments and uses your home's equity. Fees, mortgage insurance and other costs can be added to the loan balance, and the balance grows over time as interest is added, so your equity typically decreases. When the loan becomes due, the home may need to be sold, or the loan repaid from other funds. Interest is not tax-deductible until it is paid, in part or in full. You keep title to your home and must keep paying property taxes, homeowners insurance and upkeep, and meet the other loan terms; not doing so can make the loan due and could lead to foreclosure.

This material is not from HUD or FHA and was not approved by HUD or a government agency.

HECM count at the top of this page: HUD data through September 2026 (source, opens in a new tab).

Josh BorbaJosh BorbaLoan Officer · NMLS #76821
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