What to do if my husband is terminally ill and his health is declining and he holds the mortgage on our current home in his name only?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my husband is terminally ill and his health is declining and he holds the mortgage on our current home in his name only?

Would it be beneficial to try and add my name to the mortgage/deed now prior to his death? If so, does that mean that we need to refinance our mortgage or can we do a quitclaim deed to add me?

Asked on April 2, 2013 under Estate Planning, Florida

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You may want your husband to deed the house from himself,  to himself and you as joint tenants, which gives you the right of survivorship of his share upon his death. However, thisd does not put the mortgage into your name. You will need to negotiate with the lender on that matter. The lender may allow you to add your name to the mortgage; however you are advised to seek the assistance of a probate lawyer to advise you of the ramifications, as their may be some exposure to you financially.


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