My husband is on the mortgage and title of his brothers home. If my husband dies am I responsible as spouse for that mortgage payment?

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My husband is on the mortgage and title of his brothers home. If my husband dies am I responsible as spouse for that mortgage payment?

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Asked on October 28, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, a mortgage is a contract: as with any contract, only the persons who agree to be bound under it--that is, the people whose names are on it and who sign it--are liable, for responsible for. Being your husband's spouse does not make you liable for a mortgage on another home he, but not you, signed.


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