QUESTION

What happens to the mortgage and the house if wife dies?

Asked on Sep 03rd, 2014 on Divorce - Ohio
More details to this question:
I am still on the mortgage and deed to the house. The ex-wife has had a stroke.
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2 ANSWERS

Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
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The divorce court can not modify your original obligation with the bank. It can only direct which of you has primary liability. I would assume that there is an indemnification clause in your divorce papers, but you probably should have them reviewed by an attorney in light of your ex's health.
Answered on Sep 04th, 2014 at 12:22 PM

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Interesting question. What happens to the property depends upon the language in the deed. There are three possible instructions for what happens upon the death of a party to the property when there are two people on the deed. First, and the default in the state of Ohio, is tenants in common. Each party owns an undivided one half interest in the property. Upon the death of one party their property is divided by will, or by law. Option two and three are Joint Tenants with rights of survivorship or a tenancy by the entities. In either of those cases, the share of the deceased goes directly to the surviving party. Please contact an attorney to determine which way your deed is written.
Answered on Sep 04th, 2014 at 7:47 AM

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