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Will i lose my home if i am not on the home loan?

San Carlos, CA |

my husband and i are buying a home in CA as our primary residence. he is the only one on the loan. we will be transferring his deed from "married man as his sole and separate property" to "community property with right of survivorship" soon after we close escrow.

my concern is: if he was to pass away, God forbid, and since i am a stay at home mom, would i have to apply for the home loan in order to keep the home since the home loan is only in his name?
confused about all of this. any info is greatly appreciated!

Attorney Answers 3

Posted

It does not matter that your name is not on the loan. This only means that you are not personally responsible to make the payment. Of course, as the prior counsel's advice, that will be no issue as long as the loan is current at all time. Edward C. Ip www.lawyer4property.com

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

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Posted

As long as you continue to make the payments on the loan after his death, if he is the first to die, you will not lose your home. Being on the loan documents is of no benefit to you.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

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Asker

Posted

Thank you for your reply Mrs. Smith. I was told by a paralegal that by not being on the loan, I was making a big mistake. That if my husband was to die, that I would be asked to apply for the loan and if I do not qualify that I will lose my home. She said that I should be on the loan to avoid that from happening. Why do you say that being on the loan is of no benefit to me? Just wondering since I was told differently. Thanks!

Posted

I agree with Cheryl. Unless a divorce occurs.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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