If my wife owns a rental home with a mortgage in her name and dies, will I be liable for the mortgage?

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If my wife owns a rental home with a mortgage in her name and dies, will I be liable for the mortgage?

We live in a commumity property state.

Asked on October 5, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if your spouse dies owning the rental home that you have written about where the mortgage is solely in her name either her estate or the person who inherits the rental will be responsible for servicing the debt load on the property, not you directly.

The only way you would be responsible for servicing the rental's debt load is if she gave such to you in her Will or trust and you took the unit subject to the exisiting mortgage.


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