Can a mortgage company use my debt when my husband gets a mortgage; debt is prior to marriage.

The mortgage companies approve or deny applications based upon the recommendations of their own underwriters. In the past year, granting of credit has tightened across the board and more strict guidelines were adopted by most mortgage companies. There exists no law which governs how mortgage companies use information to make their decisions - it is a private business after all. Your options are to go to another mortgage company which would make the decision and leave out your debt. However, you might find that most mortgage companies must consider the debt of each spouse (household debt) when determining how much money is left at the end of the month to be available to pay the debt on Husband's new property.

Kara O'Donnell
Law Office of Kara O'Donnell