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What is the law in Arkansas concerning community property in case of death of spouse?

Mountain View, AR |

At the time of my husband's death he didn't have my name on the mortgage even though only mine and his name was on the deed. Now the mortgage company states they can't put my name on the mortgage without me submitting an executor or estate proof. Also I am told that the escrow account will not pay for my taxes or insurance. I am paying them over 200.00 per month for this.

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Attorney answers 1


First, just to be clear, Arkansas is not a community property state.

As far as your name being on the deed, that would mean that you have an interest in the property, but just based on your post we cannot tell what that interest is because while spouses usually take real estate either as joint tenants or as tenants in the entirities, it depends on how your interests are denoted in the deed that sets out this interest.

If you had a joint tenancy, then the property passed to by operation of law when your husband died. If is was a tenancy in common, then it would pass as directed by his will(if he had one or the intestacy statute if he died without a valid will.

The answer to your question will also depend upon whether you were vested with your interest before or after the mortgage was granted.

The mortgage company will have their own rules as far as you assuming the mortgage, but it is not surprising that they want evidence that you have authority to do so on behalf of your husband's estate given the potential liabilities.

It would be best for you to go ahead and contact an attorney to set up an estate and make sure everything is taken care of correctly, and then refinance the mortgage.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.