Milwaukee, WI asked in Real Estate Law for Wisconsin

Q: My husband has passed away, and both our names are on the mortgage. What do I have to do next?

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
Answered
  • Eau Claire, WI
  • Licensed in Wisconsin

A: You should speak with an attorney who can examine the deed and help you file a form with the Register of Deeds that will remove your husband's name from the title, if the title was held as joint tenants with rights of survivorship, or as husband and wife as survivorship marital property. If you receive his portion, then you will take his portion of the real estate subject to the mortgage and will be responsible for paying off the mortgage.

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