I’m married but the house is in my name, if I die can mybbhusband assume the current mortgage

UPDATED: Oct 1, 2022

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I’m married but the house is in my name, if I die can mybbhusband assume the current mortgage

I was wanting to know if I pass away without a will can my husband assume
the current mortgage or would is he forced to establish a new mortgage with
a bank

Asked on December 23, 2017 under Estate Planning, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, if you died and his name is not on the title to the house, he should be able to retain ownership of it as a surviving spouse. he can di this through the probate process. As for the mortgage, when a property that is mortgaged changes ownership, the mortgage lender typically has the right to demand payment in full of the mortgage balance. This is due to what is known as the "due on sale" clause which allows a lender to call a mortgage due if the home becomes titled in another person's name. That having been said, the law is different when a mortgaged home is inherited. In such an event, the person who inherits gets the property can just take over the loan. The lender can't call the mortgage due as long the monthly payments are being made on time. To make things simplier, while don't you just add his name tothe deed now so that probate will not be necessary.

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 AttorneyPages.com 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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