If my wife died recently and we are both listed on the deed/mortgage, how to get my them listed under my name only?

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If my wife died recently and we are both listed on the deed/mortgage, how to get my them listed under my name only?

The mortgage is carried by a private individual and recorded at the county clerks office. My wife died with no Will?

Asked on September 30, 2011 under Real Estate Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your wife passed away, most likely there is little that you can do to take her name off of the mortgage and promissory note that is secured by the mortgage in that most lenders have a policy of not taking oligated people on a loan off of it whether they are alive or not. You could send the lender a letter with a certified copy of your late wife's death certificate and see what happens.

One way to have her name taken off the current mortgage would be to refinance the loan at a lower interest rate if possible.

As to taking your late wife's name off of the deed to the home, you need to carefully read how legal title to the proeprty is held. If it is held as "joint tenants with the rights of survivorship", by operation of law since you survived her, you need to sign an affidavit of surviving joint tenant under the penalty of perjury that you survived her, attach a certified copy of her death certificate to the affidavit, and then record it with the county recorder's office where the property is located.

That will transfer title to your name. If that is not the case and your wife passed without a will or a trust, you will need to contact an experienced wills attorney to start an intestacy proceeding to close out the assets of your wife's estate and transfer it to her heirs as stated by your state's statutes on the subject.

Good luck.


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