My husband & I have been apart for almost 10 years. My home, which is in his name only is being foreclosed. He has a home in VA that is paid off. He is dying from cancer. He only has a week or two to live the doctors told him. He is not very coherent most of the time. Is there any way to save my home? I have only had my job for a month and my credit score is 658. He has no will either. He had told my son a while back that he thought the mortgage company on this home would take his home in VA to pay off what was behind. I don't know what will happen but I don't want my children and me to be homeless.
You do not give enough information mainly if you are still legally married.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
The lender holding the mortgage on your house in NJ has no rights to "take his home in Virginia to pay off" anything with respect to the NJ property. However, if you are still legally married and he dies intestate (with no will), you will be entitled to a share of all of his assets wherever they may be located and you could use those assets to pay off the mortgage on the home in NJ. If you are not legally married to him anymore and he has not re-married, then your children would inherit all of his assets and if they are minors you could be made their trustee and might be able to use the assets to keep a roof over their heads. You need to consult with an attorney experienced in trust and estates as well as foreclosures to get a clear picture of your rights.
Are you divorced? If you are still married, and because there is no will, you would be the heir. If you are divorced, your children will be the heirs. An estate will be formed and probated following his death and that is something you should be consulting with an experienced attorney about, especially since there multiple properties, interstate issues, possible tax issues if the estate is over the threshold, etc. Sorry for your loss.
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