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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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What should I do if my husband passed away, s name is on the

Customer Question

what should I do if my husband passed away, his name is ***** ***** mortgage, and my name is ***** ***** deed?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist for informational purposes.

Generally, the the land is deeded to both spouses, in joint tenancy with right of survivorship, then upon the husband's passing, the property automatically passed to the wife without her having to do anything. You don't really have to do anything with the property records, but you can file an affidavit of his passing and file that with the property recorder's office if you choose.

With regard to the mortgage, assuming both of your names are ***** ***** mortgage, you are still a borrower, and still responsible for the payments. Federal law prohibits the lender from calling the entire mortgage due just because one spouse dies.

Has this answered your question?

Customer: replied 2 months ago.
My name is ***** ***** the mortgage...

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