Q: Wife on deed but mortgage in deceased husband's name.
My husband passed away and although both of our names are on the deed, only my husbands name is on the mortgage. The bank stated that i could just keep paying the mortgage out of our joint checking account. What will happen if I try to sell? They also stated I could go to court and get a "letter of assumption", is this required and what advantages does it give me? There are no minor children, although he has an adult child from another marriage. There is no will.
A: If the home was purchased during the marriage and you didn't sign some sort of consent otherwise, the house is probably already yours subject to selling it to meet estate debts. It is fairly easy to update the deed to reflect your title, and a lawyer can help with that fairly inexpensively. It's probably worth it, since leaving it for your heirs adds to the complexity later. If you plan to sell it, the process will all be dealt with fairly routinely in the listing and sale so long as there is no dispute as to your title by entireties. Perhaps it would ease your concerns to either probate your husband's estate or re-title the house into your name.
A: If you have a deed of trust signed by both of you then you will still be liable for the mortgage as well as your husband's estate. I would speak to an attorney about this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
