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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband owns a house with s son's name on the deed. If he

Customer Question

My husband owns a house with his son's name on the deed. If he should pass on in death would I (his wife) would be responsible for the remaining mortgage even though my name is ***** ***** the deed?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Is the property owned as tenants in common or joint tenancy with his son? Was the property acquired during the marriage?

Customer: replied 1 year ago.
The property was acquired during marriage
Expert:  Loren replied 1 year ago.

How is title held with the son?

Customer: replied 1 year ago.
As ownership if his father dies
Expert:  Loren replied 1 year ago.

Thank you for the additional information.I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

As Texas is a community property state, you may be held liable for debt incurred during the marriage by your spouse. So, there is a possibility that, absent a written agreement to the contrary, the lender could seek to force you to repay your husband's mortgage, or, at least a portion of it.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
does this make me part owner?
Expert:  Loren replied 1 year ago.

It really depends on the way the deed is written. If he and his son are joint tenants with right of survivorship then you are not an owner after his death.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.