If the tile and mortgage is in my late husband’s name and I haven’t been able sell the house, can I just walk away from it?

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If the tile and mortgage is in my late husband’s name and I haven’t been able sell the house, can I just walk away from it?

What is my potential liability?

Asked on February 3, 2019 under Real Estate Law, Rhode Island

Answers:

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

Answered 2 years ago | Contributor

If his name only is on the mortgage, you are not responsible to pay it. The fact is that a mortgage is a contract and like any other contract, only those who agree to it are obligated under it. The house will be foreclosed upon if you walk away from the mortgage but you will in no way bear any libility for it. The same is true regarding any outstanding property taxes that might be owed, etc.


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