Real Estate Law
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Welcome and thank you for using JA. It will be my pleasure to assist. I am very sorry for your loss.
The deed to our house is in both my husband and mine. The latest mortgage is in his name only. He recently passed away from cancer. What are my obligations? Should I refinance in my name? should I just keep paying the mortgage (only 3 years to go) or Since it was in his name - is it his debt and not mine?
Since you are on the title and not the mortgage you have no obligations on the mortgage. That being said if the mortgage payments are not made the property would go into foreclosure. You have two options with regard to financing. You can continue to make payments on the existing mortgage or refinance. I am not sure of the interest rate you have the current loan, that could be a factor in deciding to refinance. Is there equity in the home? How did you hold title? For example joints tenants with rights of survivorship?
"joint tenants" Sorry for the typo.
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