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Can a lender consider my sex or marital status when deciding on a mortgage?

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Short answer

A lender or broker may not treat applicants differently because of sex or marital status. The CFPB says a lender may ask for sex on most mortgage transactions only to support anti-discrimination compliance. On joint or property-secured credit, the lender may ask only whether an applicant is married, unmarried, or separated.

Full explanation

The CFPB says a creditor — including a lender or broker — may not treat applicants differently because of sex or marital status. On most mortgage transactions, the lender or broker may ask for sex only to support compliance with anti-discrimination laws.
If the application is for joint credit or for credit secured by collateral — including a mortgage or home equity loan — the lender or broker may ask only whether the applicant is married, unmarried, or separated. The CFPB says the unmarried category may be explained as including single, divorced, and widowed people. Lenders cannot require married same-sex couples to supply different marriage documentation than married opposite-sex couples.
A lender or broker may consider marital status as it affects the creditor's ability to reach the property if the loan is not paid. The CFPB's example is whether a spouse has an interest in the home offered as collateral. This FAQ lists only sex and marital status, the bases in the source. It does not convert that guidance into another statute's protected-class list. A CFPB complaint reports a concern; it is not a finding that discrimination occurred. The CFPB lists a complaint channel — online or by calling (855) 411-CFPB (2372) — as one way to report a concern.

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Educational summary of public sources. Not personalized advice. The original official source controls where applicable.

Last reviewed

September 10, 2026

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