How can I keep my home if my husband died and the mortgage was in his name?

UPDATED: Sep 5, 2011

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How can I keep my home if my husband died and the mortgage was in his name?

My husband recently passed away at 35 years old. Our mortgage was in his name only but the title is in both of our names. We did not have credit life. We also have 4 young children in which I am a stay-at-home-mom. I want to know how I will be able to keep our home? Will the mortgage company just transfer the mortgage into my name or is the loan considered paid?

Asked on September 5, 2011 under Estate Planning, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband passed away at age thirty-five (35) leaving you and four (4) young children, hopefully he had life insurance to assist your future. If the mortgage on your home was in your husband's name, but title to the home is in your name, you should still continue paying the mortgage as it was done in the past since the loan for your home will not be considered paid in full just because our husband passed away.

As far as income needed to service the home's debt load, you should make an appointment with the Social Security Administration to see if your four (4) young children are qualified to receive benefits as the result of the death of their father until they reach adulthood.

You should consult with a good wills and trust attorney to asisst you and your children.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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