Birmingham, AL asked in Estate Planning, Real Estate Law and Probate for Alabama

Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off. What about the equity? Can I get anything they put into it and I wasn’t on the loan? I’m weighing my options. If I can’t pay if off, I guess I’d eventually sell it and move if I don’t want the mortgage payments. I have no money to pay it off.

Isn’t taking the equity out of the home and trying to stay there the same as “refinancing” to an extent ? Basically, I don’t want to have my my credit ran either way.

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

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.