If I’m married and the mortgage and deed in my name only, what happens to my mortgage debt upon my death?

UPDATED: Aug 31, 2011

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If I’m married and the mortgage and deed in my name only, what happens to my mortgage debt upon my death?

Will spouse be responsible?

Asked on August 31, 2011 Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is such a good idea for you to think ahead and to do a little estate planning.  But may I suggest that you speak with someone in your area about the best way to proceed?  The general rule here is that your estate is responsible for assets that are part of your estate and for debt of the decedent (that would be you) when you pass away.  So the estate would be responsible for paying off the mortgage and for selling assets in order to pay off the debt.  I am taking you for your word that the asset is not a marital asset and then would pass to your spouse at the time of your death.  The executor would have the right to do such things. Good luck.

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