Does my ex husband need to put me on his mortgage for me to take over his payments when he dies?

He wants me to have his house and
take over his payments when he dies.
What do we need to do

Asked on June 8, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He can't "put you on the mortgage" without the lender's approval or agreement to do this: a mortgage is a contract, and all parties to it must agree to any changes, including adding a new person to the mortgage. If they won't agree, you may have to refinance in both your names; it is completely up to them whether to allow the change or not, and they can refuse it at will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.