If my mom and I are joint owners of a home that is paid for and she lives there but I do not, is she responsible for my debt if I die?

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If my mom and I are joint owners of a home that is paid for and she lives there but I do not, is she responsible for my debt if I die?

A few years ago, my boyfriend and I decided to buy a mobile home together and put it on his land, which he owned free and clear. However, he had no credit history; I did. We used his land as collateral, and my credit to buy the home; the mortgage is in both of our names. Now, my mother is afraid that I’ve put her paid for home in jeaopardy if we should ever default. Is her home in jeopardy if we defaulted, or is my boyfriend’s land in jeopardy, or both? I am 43 and have never been married. I have less than $2,000 in credit card debt. She is telling me that I need to pay off that debt ASAP because if I die, she is responsible for my debt. However, she is not on any of my credit card accounts. Is she correct? She says a lien could be placed against our home because I have this credit card debt.

Asked on July 23, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, the loan for the mobile home secured by the unit (presumably) and your boyfriend's land should be more than adequate to cover and deficiency in the event that you and your boyfriend are not able to service the debt load so as to prevent any claim against you for additional money that may impact your mother with respect to any assets you may own with her jointly.

Under the law, your mother is not responsible for your debt should you pass before her. The same holds true for you as to your mother.


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