# 38 C.F.R. § 36.4308 (2026): Joint loans > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4308 ## Section - **Citation:** 38 C.F.R. § 36.4308 (2026) - **Heading:** Joint loans - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 38 CFR: Pensions, Bonuses, and Veterans' Relief / Chapter I: DEPARTMENT OF VETERANS AFFAIRS / Part 36: LOAN GUARANTY / Subpart B: Guaranty or Insurance of Loans to Veterans With Electronic Reporting / § 36.4308: § 36.4308 Joint loans. ## Text (a) Except as provided in paragraph (b) of this section, the prior approval of the Secretary is required in respect to any loan to be made to two or more borrowers who become jointly and severally liable, or jointly liable therefor, and who will acquire an undivided interest in the property to be purchased or who will otherwise share in the proceeds of the loan, or in respect to any loan to be made to an eligible veteran whose interest in the property owned, or to be acquired with the loan proceeds, is an undivided interest only, unless such interest is at least a 50 percent interest in a partnership. The amount of the guaranty or insurance credit shall be computed in such cases only on that portion of the loan allocable to the eligible veteran which, taking into consideration all relevant factors, represents the proper contribution of the veteran to the transaction. Such loans shall be secured to the extent required by 38 U.S.C. chapter 37 and the regulations concerning guaranty or insurance of loans to veterans. (b) Notwithstanding the provisions of paragraph (a) of this section, the joinder of the spouse of a veteran-borrower in the ownership of residential property shall not require prior approval or preclude the issuance of a guaranty or insurance credit based upon the entire amount of the loan. If both spouses be eligible veterans, either or both may, within permissible maxima, utilize available guaranty or insurance entitlement. sions of paragraph (a) of this section, the joinder of the spouse of a veteran-borrower in the ownership of residential property shall not require prior approval or preclude the issuance of a guaranty or insurance credit based upon the entire amount of the loan. If both spouses be eligible veterans, either or both may, within permissible maxima, utilize available guaranty or insurance entitlement. (c) For the purpose of determining the rights and the liabilities of the Secretary with respect to a loan subject to paragraph (a) of this section, credits legally applicable to the entire loan shall be applied as follows: (1) Prepayments made expressly for credit to that portion of the indebtedness allocable to the veteran (including the gratuity paid pursuant to former provisions of law), shall be applied to such portion of the indebtedness. All other payments shall be applied ratably to those portions of the loan allocable respectively to the veteran and to the other debtors. (2) Proceeds of the sale or other liquidation of the security shall be applied ratably to the respective portions of the loan, such portion of the proceeds as represents the interest of the veteran being applied to that portion of the loan allocable to such veteran. (Authority: 38 U.S.C. 3703) ## Nearby sections - [38 C.F.R. § 36.4300 (2026) § 36.4300 Applicability and qualified mortgage status.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4300.md) - [38 C.F.R. § 36.4301 (2026) § 36.4301 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4301.md) - [38 C.F.R. § 36.4302 (2026) § 36.4302 Computation of guaranties or insurance credits.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4302.md) - [38 C.F.R. § 36.4303 (2026) § 36.4303 Reporting requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4303.md) - [38 C.F.R. § 36.4304 (2026) § 36.4304 Deviations; changes of identity.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4304.md) - [38 C.F.R. § 36.4305 (2026) § 36.4305 Partial disbursement.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4305.md) - [38 C.F.R. § 36.4306 (2026) § 36.4306 Refinancing of mortgage or other lien indebtedness.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4306.md) - [38 C.F.R. § 36.4307 (2026) § 36.4307 Interest rate reduction refinancing loan.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4307.md) - [38 C.F.R. § 36.4308 (2026) § 36.4308 Joint loans.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4308.md) - [38 C.F.R. § 36.4309 (2026) § 36.4309 Transfer of title by borrower or maturity by demand or acceleration.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4309.md) - [38 C.F.R. § 36.4310 (2026) § 36.4310 Amortization.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4310.md) - [38 C.F.R. § 36.4311 (2026) § 36.4311 Prepayment.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4311.md) - [38 C.F.R. § 36.4312 (2026) § 36.4312 Interest rates.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4312.md) - [38 C.F.R. § 36.4313 (2026) § 36.4313 Charges and fees.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4313.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P36_S36_4308. 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