Can a surviving spouse use a VA loan?
By Kyle Melvin · NMLS #1486450 · REV Mortgage ·
Short answer
Yes, if the veteran died in service or from a service-connected disability, or was rated totally disabled for a qualifying period before death, and the spouse has not remarried — or remarried after age 57 and after December 16, 2003. An eligible surviving spouse gets the same benefit the veteran would have had: no down payment with full entitlement, no mortgage insurance, and, when receiving Dependency and Indemnity Compensation, no funding fee. Eligibility is established with VA Form 26-1817 and the veteran's records, and it is worth doing even if a purchase is not immediate.
If you are reading this, someone you loved served, and you are trying to work out what that service left you in practical terms. The answer on home loans is plain: in most of the situations that bring people to this page, you are eligible for the VA home loan in your own name, with the same benefit the veteran would have had. Here is who qualifies, what to send, and what happens after.
Who qualifies
Under federal law and Chapter 2 of the VA Lenders Handbook, a surviving spouse is eligible if the veteran:
- Died in service, or
- Died from a service-connected disability, or
- Was rated totally disabled from a service-connected condition for a qualifying period before death — generally ten years immediately before death, or five years from discharge, or one year for a former prisoner of war — even if the death was from another cause, or
- Is missing in action or a prisoner of war for more than 90 days (eligibility for one loan while the veteran is missing).
And the spouse:
- Has not remarried, or
- Remarried on or after age 57, and on or after December 16, 2003.
A spouse who remarried before 57 and whose later marriage ended may regain eligibility; VA reviews those cases individually.
What to send
| Situation | Form | With it |
|---|---|---|
| Receiving Dependency and Indemnity Compensation (DIC) | VA Form 26-1817, Request for Determination of Loan Guaranty Eligibility — Unmarried Surviving Spouses | The veteran's DD-214 if available |
| Not receiving DIC | VA Form 21P-534EZ, Application for DIC, Survivors Pension and Accrued Benefits | The veteran's DD-214, marriage certificate, death certificate |
| Either | A lender can submit the request through VA's system on your behalf | Most lenders will do this at no cost |
The Certificate of Eligibility page covers the general process. For surviving spouses the request is almost always manual rather than automatic, so allow time — and consider establishing the COE now even if you are not buying yet. It does not expire, and having it removes the uncertainty later.
The funding fee
A surviving spouse receiving DIC is exempt from the funding fee, and the COE will say so. If you are eligible under the totally-disabled provision but do not receive DIC, confirm your fee status with VA before closing rather than assuming. The funding fee page covers the schedule and the refund process if a fee is collected in error.
How the loan works after that
Once the COE is issued, the loan is an ordinary VA loan and everything on the VA loan guidelines page applies: no down payment with full entitlement, no monthly mortgage insurance, the VA appraisal and Minimum Property Requirements, and qualification on your own income — employment, DIC, Social Security survivor benefits, pension, and any other continuing income, most of which is non-taxable and can be grossed up. Full entitlement means no VA loan limit.
If you and the veteran already had a VA loan together, you may keep it; the loan does not become due because of the death, and the servicer should be notified. If you later sell that home and want to buy again, the entitlement rules work as they would for any borrower — restored on sale and payoff, or a second-tier purchase if the old loan stays open.
State benefits
Most states extend their disabled-veteran property tax exemptions to un-remarried surviving spouses, and several — Virginia, Texas, Florida, Georgia among them — do so explicitly in statute. The state benefits pages on this site note the surviving-spouse provision for each state.
Related VA IQ pages
Questions people also ask
- Can I use my late husband's or wife's VA loan benefit?
- If they died in service or from a service-connected cause, or were rated totally disabled for the qualifying period before death, and you have not remarried — or remarried after 57 and after December 16, 2003 — you are eligible in your own right. It is your benefit now, not a transfer of theirs.
- Do surviving spouses pay the VA funding fee?
- Not if you receive Dependency and Indemnity Compensation. The exemption is printed on the Certificate of Eligibility. Surviving spouses eligible under the totally-disabled rule but not receiving DIC should confirm their fee status with VA before closing.
- What if I already have a VA loan with my late spouse?
- You can keep it. If you want to buy again, entitlement works the same way it would for a veteran: full entitlement if the prior loan is paid off and the home sold, remaining entitlement if it is still open.
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