QUESTION
My ex-spouse passed away with both of our names on the mortgage. Current spouse had home transferred to her name but mortgage company was never notifi
Asked on Mar 07th, 2021 on Wills and Probate - Ohio
More details to this question:
My ex husband passed away, leaving the deed only in his name with the mortgage in both of our names. Current spouse was to take care of everything during probate. Probate was never told of the outstanding mortgage and now the property is in her name. What can I do? I have now notified the mortgage lender since she failed to do so. My divorce degree says I am to be held harmless of any debts regarding this. Property. Need some advise.
2 ANSWERS
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
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You question is a bit unclear. It seems to indicate that you are not the spouse, AND the surviving spouse. Generaly speaking, a mortgage is not discharged because of the death and inheritance of real estate. The debt "runs with the land." Someone who stands to inherit the property usually will have the option to assume the mortgage or sell the property to satisfy the balance of the mortgage.
For any specific advice, you will need to make an appointment with an attorney in your area. There are too many unknowns at this point.
Best of luck.
Answered on Mar 08th, 2021 at 9:47 AM
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The lender should have been notified at the time of the divorce. Please send the lender a copy of the divorce decree.
Answered on Mar 08th, 2021 at 5:05 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.