If my mom gets me a loan to buy a house and she is married and something were to happen to her, would the loan fall back on her husband?

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If my mom gets me a loan to buy a house and she is married and something were to happen to her, would the loan fall back on her husband?

Asked on August 20, 2015 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Not directly one person does not become liable for a loan without signing for it or agreeing to be obligated to, even if he is married to the person who signed for the loan.
Indirectly it could have  significant affect if/when your mother dies, the loan she took out will typically become due. It will then become a debt of her estate. Her creditor could sue the estate for the money any money which the creditor recovers from the estate is money that will not then go to her heirs or beneficiaries, which would presumably include her husband.


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