Chico, CA asked in Estate Planning and Real Estate Law for California

Q: My Mother purchased a home in 2011. I am on title but not on the loan. She passed away in 2015. I am her sole heir,

Is there a way I can remove her name form the loan and add my name without refinancing? I am current with all payments and taxes.

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: If the two of you held title as tenants in common, then you will need a probate action to transfer her half of ownership to you.

If the two of you held title as joint tenants, then you will need to file an affidavit of death of joint tenant.

There isn't a way to remove her from the loan and add your name to the loan.

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