Do I need my wife’s signature to mortgage a piece of property that was in my father’s name? He died two months ago without a will.

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Do I need my wife’s signature to mortgage a piece of property that was in my father’s name? He died two months ago without a will.

My father had a reverse mortgage on the house that was for about 75% of the value of the property located in Virginia. I would like to assume the mortgage to avoid a sale of the property if possible and put it in my name. my two brothers say they do not mind if I do this in my name.

Asked on May 30, 2009 under Real Estate Law

Answers:

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

Answered 12 years ago | Contributor

No.  If her name is not on the deed she need be listed on or sign the mortgage.  However, this won't affect any rights that she may have to your share of the house as an asset; for example in a divorce proceeding.


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