My ex-husband passed away. The morgage loan is still in my name What is my legal rights to assume the morgage loan?

UPDATED: Oct 1, 2022

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My ex-husband passed away. The morgage loan is still in my name What is my legal rights to assume the morgage loan?

My ex-husband died recently We
had home morgage together. My
name is still on the morgage.
Can I assume the morgage
payments and live in the house
with our daughter?

Asked on January 14, 2018 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were on the loan, too, you have the right to continue paying it as per the terms of the mortgage. The key issue is what you are checking into: making sure that you are one of the parties to the loan. (If it had been solely in your ex-husband's name, it would have to be paid off now that he has passed away.) 

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