No, you are not required to provide a Closing Disclosure to an individual who is not a borrower and who has no ownership interest in the property securing the mortgage loan.

Regulation Z requires that a Closing Disclosure be provided to a “consumer,” which is defined as a person to whom credit is offered or extended. Regulation Z also requires that a Closing Disclosure be provided to each consumer who has a right to rescind the transaction. For the purposes of the right of rescission, the term “consumer” also includes any person who has an ownership interest in the mortgaged property, if that property is their principal dwelling.

The signature of the non-borrowing spouse likely was required in order to waive their rights to a homestead interest in the home. But the non-borrowing, non-title holding spouse is not an owner of the property and consequently is not entitled to the right of rescission. Because the non-borrowing, non-title holding spouse is not entitled to the right of rescission and is not a borrower, you are not required to provide a copy of the Closing Disclosure.

For resources related to our guidance, please see:

• Regulation Z, 12 CFR 1026.19(e) and (f) (The TRID requirements apply to any “closed-end consumer credit transaction secured by real property . . . .”)

• Regulation Z, 12 CFR 1026.2(a)(11) (“Consumer means a cardholder or natural person to whom consumer credit is offered or extended. However, for purposes of rescission under §§1026.15 and 1026.23, the term also includes a natural person in whose principal dwelling a security interest is or will be retained or acquired, if that person’s ownership interest in the dwelling is or will be subject to the security interest.”)

• Regulation Z, 12 CFR 1026.17(d) (“If there is more than one consumer, the disclosures may be made to any consumer who is primarily liable on the obligation. If the transaction is rescindable under § 1026.23, however, the disclosures shall be made to each consumer who has the right to rescind.”)

• Regulation Z, 12 CFR 1026.15(a) (The right of rescission applies only to “each consumer whose ownership interest is or will be subject to the security interest . . . .”)

• Regulation Z, Official Interpretations, Paragraph 23(a)(1), Comment 2 (“To be a consumer within the meaning of § 1026.2, that person must at least have an ownership interest in the dwelling that is encumbered by the creditor’s security interest, although that person need not be a signatory to the credit agreement. For example, if only one spouse signs a credit contract, the other spouse is a consumer if the ownership interest of that spouse is subject to the security interest.”)