Generally, the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.
The surviving spouse becomes the sole owner.
It passes to the decedent's heirs, the spouse of which will be one.
Yes there are... if the person that is on the mortgage dies in a car wreck or something then the spouse will have a difficult time claiming the house unless the house was put in a will to the other who isn't on the mortgage. The house could go in default of payment and the spouse not on the mortgage wouldn't necessarily know about it.
The mortgage agreement is still valid and must be adhered to by all parties that are named in the lending agreement or the lender can begin foreclosure proceedings. The spouse abandoning his or her personal and financial responsibility has no bearing on the validity of any debt.
The options include: stop paying the mortgage and let the bank repossess the house; pay the entire mortgage yourself; divorce the spouse and move out; divorce the spouse and stay, while your spouse moves out; find out why your spouse refuses to pay half of the mortgage and see if some agreement can be reached; seek cheaper housing; go on an extended backpack tour of Europe; enlist in the army. That's about it.
If all of the decedent's descendants are also descendants of the surviving spouse, then the surviving spouse gets everything. If not, then the surviving spouse gets to keep her half of the community property and also gets a life estate in one-third of the decedent's separate real property and 1/3 of the decedent's separate personal property (which includes cash). The surviving spouse also gets the right to live in the homestead for however long she chooses, until she abandons it, but she must pay the interest on the mortgage and taxes with respect to the home. The decedent's children get the rest, and they are responsible for principal reductions on the home mortgage and any insurance.
Probably the one that was married to the spouse first
Yes
What happens if the mortgage and deed are in two names and one claims banckrupcy
You will then have one mortgage and not two.
u only said he is married once... u never said he was married in florida and also its the spouse that dies not the person
No. Both may be on the deed which means that you have rights to the property. However, if there is only one on the mortgage; meaning they are the only one that signed the promissory note, then they are the only ones who will be responsible. So long as you are not on the note to the mortgage, then you have no responsibility for the debt.