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My husband owns a house with s son's name on the deed. If he…

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My husband owns a house...
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: 2 years ago.Category: Estate Law
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Answered in 1 minute by:
2/23/2016
Estate Lawyer: Loren, Attorney replied 2 years ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,261
Experience: 30 years experience in the practice of estate law.
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Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

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Estate Lawyer: Loren, Attorney replied 2 years ago

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

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Customer reply replied 2 years ago
The property was acquired during marriage
Estate Lawyer: Loren, Attorney replied 2 years ago

How is title held with the son?

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Customer reply replied 2 years ago
As ownership if his father dies
Estate Lawyer: Loren, Attorney replied 2 years 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.

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Estate Lawyer: Loren, Attorney replied 2 years 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.

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Customer reply replied 2 years ago
does this make me part owner?
Estate Lawyer: Loren, Attorney replied 2 years 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.

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Estate Lawyer: Loren, Attorney replied 2 years ago

Are you still online with me?

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Estate Lawyer: Loren, Attorney replied 2 years ago

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

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Estate Lawyer: Loren, Attorney replied 2 years 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.

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