Loan in Spouse's name affecting my DTI

[Tim Miller]

Hey all,

We refinanced our home and placed the mortgage solely in my wife's name. I am joint owner of the property, but she is the only one on the mortgage. I went to finance a rental, and the bank informed me that they are going to count the loan against me since the payment for the house comes out of our shared bank account. 

Is this right, or is this some sort of underwriter overreach? I mentioned that if they can count the loan against me since the money comes out of the account, they should count her income for me since it also goes into the account. They said that I can add her to the loan, but for many reasons, I do not want to do that.

Unfortunately, this situation places my DTI too high for the loan.