Ocala, FL asked in Real Estate Law and Probate for Florida

Q: My husband passed and my name was not on the mortgage loan or deed. Am I responsible for repaying the mortgage?

I was only married for 4 months. I never signed the promissory note and he acquired the home prior to our marriage. Although I am his only heir, I would like to simply walk away from the house. Can I do this without repercussion?

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2 Lawyer Answers
Vincent Gallo
Vincent Gallo
  • Staten Island, NY

A: If you are not on the deed as a grantee and you are not a signatory to the mortgage or the note you are likely able to walk away from the house with no repercussions.

Ben F Meek III agrees with this answer

Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: You are probably not liable for repaying the note and mortgage, since you didn’t sign them, though you might have to pay the loan off if you want to keep the house. Thus you can probably let the house go back to the lender, but you shouldn’t just walk away without facing the issues and requiring the lender to curtail its grab for money from your husband’s estate. A good probate lawyer can help you minimize the mortgage lender’s claim and maximize what will come to you.

There are other spousal rights you need to be aware of. Take your documents and go see a good probate lawyer in your state. Many offer free initial consultations. Good luck.

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