All the lenders now are very strict about the owner occupancy check. You might have the risk. Please consider: 1. Did you file the tax return jointly? 2. How would you like to fill in the 1003 for the 2nd house? You have to fill the current residence address, if not own, you have to fill the rent. But if your current address is your wife's first house address, you file the tax as joint file and you are married. How can you explain it to lender? ( of course, if you are legally separate with court documentation, you are OK for sure)