Hardship for purchase of principal residence if participant isn't the one making the purchase?

[jkharvey]

The participant's spouse is going to be the only person on the mortgage and, therefore, the deed. Would this qualify as a hardship distribution for the participant whose principal residence this is, but who isn't actually legally a purchaser?

[Jim Chad]

I thought it was not possible for a married person to buy real estate and not have spouse's name on the deed. So I have no idea if this is OK. Does anyone else?

[masteff]

I'm going to suggest you review your plan for the specific wording used there.

Then see this recent thread: http://benefitslink.com/boards/index.php?/topic/52446-personal-residence-hardship/?hl=%22principal+residence%22

Your scenario is a bit cleaner since it's husband/wife vs uncle/niece in the other thread. I don't think my answer has changed in 6 months.

[K2retire]

Many plans allow a hardship for a beneficiary's need. Is the spouse also the beneficiary?

[QDROphile]

Read Notice 2007-7 concerning consideration of hardship of beneficiaries. Purchase of residence is not included.