If a husband dies and his wife’s name is not on the mortage note, will she still be able to stay in the home and continue to pay the mortgage?

Husband and wife married for 8 years. Wife name is not on the house note.

Asked on December 14, 2011 under Real Estate Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can inherit property without being on the mortgage. However, typically, every mortgage has what is known as a "due on sale clause" which means that payment of the remaining mortgage balance is accelerated and becomes due upon a transfer of title. The exception being in the case of an inheritance.  Accordingly, as long as all mortgage payments are timely made, she should be able to stay in the house.

Note: The lender still retains its rights to foreclose in the event of a default in such payments.

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 AttorneyPages.com 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.