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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6348
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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The deed to our house is in both my husband and mine. The

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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?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

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?

Expert:  Attyadvisor replied 10 months ago.

"joint tenants" Sorry for the typo.

If you have any additional questions please do not hesitate to let me know. If you would rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 10 months ago.

If you have any additional questions please do not hesitate to let me know. If you would rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 10 months ago.

Please ignore the additional services request.

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