Can you leave your house to your daughter and put in the Will that she is to assume the mortgage?

Asked on October 30, 2015 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your daughter cannot assume the mortgage unless the terms of the mortgage allow it to be assigned. Mamy mortgages--most, actually--state that they can't be assigned; if that provision or clause is in your mortgage, then you can't assign it, because a restriction or limitation on assignment is perfectly legal and enforceable. You need to check your mortgage to see what is says.

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