My ex-husband passed away. The morgage loan is still in my name What is my legal rights to assume the morgage loan?

Get Legal Help Today

 Secured with SHA-256 Encryption

My ex-husband passed away. The morgage loan is still in my name What is my legal rights to assume the morgage loan?

My ex-husband died recently We
had home morgage together. My
name is still on the morgage.
Can I assume the morgage
payments and live in the house
with our daughter?

Asked on January 14, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were on the loan, too, you have the right to continue paying it as per the terms of the mortgage. The key issue is what you are checking into: making sure that you are one of the parties to the loan. (If it had been solely in your ex-husband's name, it would have to be paid off now that he has passed away.) 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption