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

Answers:

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.


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