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This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.

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Q: What can I do my husband died my name is on deed not mortgage can I sell the house?
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How do you get the deed to a house if the owner has died and the mortgage is paid?

The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.


My husband died five months after marriage who get the house and he had house before we married do I inherit it?

If no one else's name is on the deed you would get it.


The husband has his name only in the mortgage deed and mortgage insurance if he dies would mortgage company get the house or would the wife?

The mortgage insurance you are referring to is most likely the standard mortgage insurance that is on a loan above 80% of the value of the house. This MI covers the lender in case of the borrower defaulting on the loan. It does nothing to help the borrower. If you are on the deed then you still own the house if your husband dies but if you cannot either refinance the mortgage or continue to pay the monthly payments then the lender will ultimately foreclose on the house and repossess it. What you need is a life insurance policy that will pay off the balance on the mortgage in case of the death of the mortgage holder.


Your parents died and left you property your name is on the deed but not on the mortgage is that a problem?

It is not a problem, but the mortgage will still have to be paid by the surviving co-owner even if that co-owner did not borrow or get any of the money from the mortgage, because it is a lien on the house.


My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?

If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.


What if your husband died and your name is not on deed Can you have your name on deed without opening a estate your name is on the mortgage?

If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.


Can mum is paying half the mortgage of her house because her husband died the other half should be paid by his son but is not will it get repossessed?

It could. Take the son to court before the mortgage co. takes mum to court.


Can a mortgage be foreclosed if your husbands name was on the loan and he died but I am still making mortgage payments and have my name on the deed?

Generally, no, however it could be yes if: * The mortgage lender is not aware of your presence and there is no will passing the asset (house) to you as part of your late husband's estate or * The mortgage loan has a force-sale requirement in the event of the note-holder's death Even with the above conditions, you (or your legal representative) should notify the mortgage lender and let them know (1) you have lived in the home with your husband up 'til the time of his death (2) you want to continue to live in the home as you have no where else to go and (3) you want to continue to make payments and can demonstrate the ability to do so.


Daughter died left no will Had a son by a previous marriage present huband want him to sign deed to house over to him as owner if he doesn't sign he will have to payhalf of rent. is that true?

You NEED to employ a solicitor (attorney) to advise you on this one. ***If the house was left to the son then the house is his. Despite who owns the house there are many questions and options that need to be discussed with a neutral third party. The son paying rent isn't so much a legal questions but clearly he should be concerned about his rights if this information is being given to him by the husband. 1) Is the son a minor? Is he adopted by the husband? what is the relationship? 2) Is there still a mortgage on the home that wasn't paid off by credit life or life insurance when the mother died? 3) If a current mortgage is what the present husband is paying, rather than deeding him that portion of the home the son could sell the husband the house and the proceeds of the sale go into trust for the son. Good luck!


Your husband and son bought a house together they are on the deed if your husband died will you get half of the house or does your son own it all. If your son gets married can his wife put you out?

You don't give your state of residence and states vary in their interpretation of marital property when it comes to real estate. You REALLY need to consult with an attorney to learn your legal rights. If your name does not appear on the deed or title to the property you COULD be in legal jeapordy if your husband's will does not provide for you to inherit his interest in the home.


How can you sell your house after your wife died?

Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.


Who should have my house deeds?

The deed is returned to the property owner after it has been recorded in the land records.If you can't find the originals you can obtain a copy at the land records office.The mortgage document is returned to the lender.In a lien theory state, if you executed a deed of trust(form of mortgage) your property will be reconveyed to you once the loan has been paid off.