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

Answers:

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.


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