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Can a lender ask about your children or dependents when applying for a mortgage or home equity loan?

A creditor such as a lender may ask about the number and ages of your dependents. A lender may also ask about dependent-related financial obligations or expenses.

However, a lender may do so only if the creditor asks for this information without regard to sex or marital status (or any other prohibited basis).

A lender cannot ask you about your birth control practices. A lender also cannot ask about your intentions concerning having or raising children or your capability to have children.

Further, a lender is prohibited from discriminating in a mortgage or home equity loan because of familial status. Familial status means one or more individuals under 18 living with either a parent or another person who has legal custody of that individual. You also cannot be discriminated against for being pregnant or in the process of securing legal custody of someone under the age of 18.