If my ex husband died before the divorce was finalized making me a widow, even if I got remarried would his debts and/or property get transferred to me?

I had a child from my ex husband, and after I told our son, he wants to claim his father’s house. Would we get his debts as well since we are fighting to reclaim the house we purchased together?

Asked on June 9, 2009 under Family Law, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The title to the house passes to you if you were on the deed as joint tenants.  If you can afford to pay the mortgage, then you can keep the house.  You son is not entitled to the house as it is yours.  If you are on any loans or debts of your ex-husband, then you may be held personally liable for them regardless of whether he passed away.  If you get married, the debts follow you to the extent thart you signed on to the debt personally.

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