If my late dad’s name was on a mortgage, do his heirs have any right tot he property?

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If my late dad’s name was on a mortgage, do his heirs have any right tot he property?

My father recently passed away and his name was the primary on the home mortgage. He purchased the property 19 years ago with his then fiance. About 16 years ago, they had a falling out and was not at the property anymore after that. He found out shortly before his death that she had gotten or had tried to get a 2nd mortgage on the property. Do his children have any right to the equity in that property, even though he had not been on the property for over a decade?

Asked on November 20, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they do not. Being on the mortgage but not on the deed or title ("on the property") as you put it unfortunately means only that he was liable or responsible for the debt, but did not give him any ownership right or interest. Only people on the deed or title are owners. Since he did not own, his heirs do not inherit.


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