West Mifflin, PA asked in Real Estate Law for Pennsylvania

Q: Husband purchased home before we were married. I am not on the deed or mortgage. If he dies am I held responsible for it

Not sure if I can afford the monthly payments as I am disabled and live off SSD. Can I walk away from this property without them coming after me for a house that is not mine ( on paper).

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: It would be part of his estate, and you would then get it. You can sell it and that would make more sense than walking away from it. You are not responsible for most of your spouses debts. But consult a consumer debt attorney if you have questions.

Hope you both live long enough to see him own it and pass an asset to you.

Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: If you are not on the deed, the Mortgage, the Note, or a Guaranty for the Note, you should have no responsibility for the payments and could walk away once the lender forecloses, if that is what you want to do.

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