Q: If my husbands name is on the deed but not the mortgage and I die will he be able to take over the mortgage payments
A: In this day and age mortgage companies do not let people assume mortgages. However if the payments keep getting made on time the mortgage company usually does not question the source of the payments. The problem may occur if your husband needs to talk to the mortgage company and his name is not on the mortgage they may not talk to him. You may want to contact your mortgage company know to find out what can be done to allow your husband to communicate with them, as well as you.
A: Assuming he will inherit the house from you he would be considered a successor in interest. He would provide a death certificate to the lender and whatever other documentation as is appropriate to document his inheritance (this defends on your estate plan) and the lender would be obligated to recognize him as successor in interest and send statements to him and accept payments from him.
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