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No, you don't need to change the mortgage. The surviving spouse can just keep paying the mortgage. The crucial issue at the time of sale is who owns the property. If one owner is dead, then the method for handling his interest will vary from state to state. In Texas, for example, the personal representative of his estate, if there is one, would sign. It may also be accomplished by an affidavit of heirship, which is a document in which two disinterested persons swear to certain facts that reflect the identity of the heirs.

In most common law jurisdictions, a husband and wife arrange to own their real property as tenants by the entirety or as joint tenants with the right of survivorship. When one dies their interest in the property passes directly to the Survivor. A death certificate must be recorded in the land records along with a statement in some jurisdictions that no estate taxes are due. A title examination by a buyer's attorney will reveal that title is in the survivor.

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Q: When husband and Wife names are on the mortgage and the husband dies is it necessary to try and change the mortgage over into one name what happens when it comes time to sell?
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