Providence, RI asked in Real Estate Law for Rhode Island

Q: My name is not on the mortgage or deed of a house my spouse owns. Am I responsible for the mortgage if he dies?

My husband has named his children from a former marriage in his will to receive that house. We do not live there. We live in a condo which is in my name only and to which only I have the mortgage. I have no interest in that other house and worry that I, being his wife, will get stuck with the payments on it if he passes away before it's paid. Thanks for your advice; this question has been bothering me for years.

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1 Lawyer Answer
Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: If they receive the house in his will, they will take it as it is, with the mortgage. If you are still nervous, and he agrees, make an appointment to meet with an estate attorney with him to go over the will and the consequences should he predecease you.

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