My spouse passed away we had a mortgage on my home can my son take my home from me or force me to sell it?

Answer 1

Consider first the ownership of this house. A mortgage means you signed an agreement to pay for the property. It does not mean you own the home. It just means you have to pay for it. A deed indicates ownership and if your name is on the deed, you are an owner. Otherwise the deeded owner is free to do what he wants to with his property. The only wrench in the works for your son is that he can not get clear title to his property until the mortgage is satisfied. You are not going to want to continue making payments on a place you do not own. This is a sort of "Catch 22" and might help you and your son come to some reasonable decisions regarding this property that are fair to you. If your name is on the deed, your son does not get to decide what you do with your property, even if it was willed to him by your spouse, as long as you are alive.

Answer 2

You haven't said whose names are on the deed to the home. That information is essential. You have not provided enough information for a definitive answer.

If the property was owned by you and your spouse jointly then it became your sole property by survivorship when your spouse died. If you and your spouse had a mortgage then it is likely the property is in your name now. If the deed is in your son's name with your spouse in joint ownership then the property is now owned by your son by survivorship and he can sell it.

You should consult with an attorney who can review the title to your home and explain your rights and options.

Answer 3

Who is the executor of the will, your son? If so, he has the ability to settle the estate. The mortgage will have to be settled as part of that process. If the bank won't renew the mortgage with you as the sole owner, you may have to sell the home.