Am I required to pay the motgage on a house that only has my deceased husband’s name on it?

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Am I required to pay the motgage on a house that only has my deceased husband’s name on it?

Only my husband’s name is on the loan and title to the house. Do I have to pay the loan off? Would the life insurance I had on him be taken to pay for it?

Asked on September 12, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if only his name is on the loan, you are not personally liable for the loan--that is, they cannot come after your own income and assets for it. Of course, if the mortgage is not paid, the lender can foreclose on and take the home; if you want to keep the house, you have to see to it that the loan is paid.


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