Is the estate of my deceased spouse liable for 1/2 the balance of the mortgage?

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Is the estate of my deceased spouse liable for 1/2 the balance of the mortgage?

We live in a community property state and the property was jointly held and so it went to me as the surviving spouse outside of probate. However, there is a debt attached to it that we both had cosigned on. Since it was a community debt, am I 100% responsible for the balance? His share of the estate will be going thru probate.

Asked on October 9, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Yes, you are responsible for repaying the mortgage loan. His estate does not need to pay off the loan, unless his will specifically says that the loan should be paid out of the probate estate.

However, you should receive a share of your spouse's probate estate. In most states, you are entitled to a spousal share or spousal election, even if your spouse's will grants nothing to you. 


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