Question is about house mortgage,title and the spouse being deceased.

Dear Sir,Miss,Madam I lost my husband for seven years ago to cancer, our house is in both our names until today on the title but my name is not on the loan although I am paying for the mortgage for the house until this day. the question here is :- is it better to take his name off the title ? and what would happen if the mortgage company knew? although I have being paying the mortgage like I said until today and I have no problems with the payments whatsoever.please advise about what is legally right and the consequences of doing so?. I thank you sincerely from the heart. Greetings Tamara

Las Vegas, NV -

Attorney Answers (2)

Richard Edmund Hawkins

Richard Edmund Hawkins

Chapter 11 Bankruptcy Attorney - Las Vegas, NV
Answered

The title really doesn't matter--and there is no reason for you to jump on the mortgage hook.

You can file an affidavit of death of joint tenant at any time. As long as the payments are made, the house won't be taken from you.

Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX
Answered

Tamara, I am not sure what you mean by "our house is in both our names UNTIL TODAY." What happened today? Assuming nothing happened and it is a figure of speech, federal law allows heirs to continue paying the mortgage without the risk of acceleration. There is no reason to put your name on the loan and, besides, you don't want to add to your liability. As far as title is concerned, you should consult with a local attorney to review the facts and make recommendations as to using the best way accomplish your goal.

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