Posted on: 04th Jun, 2011 12:02 pm
My husband house was 1/2 in his name and 1/2 in his dad name. His dad died and left his 1/2 to my husband sister and 1/2 to my husband. His dad also left another house 1/2 to him and 1/2 to his sister. Both houses were paid off. They agreed that she would get one house and that my husband would get the house already in his name. Now that we are married she does not want to sign off her name to our house. He remodeled our house before we were married and now has a mortgage for it. The mortgage is only in his name. Am I liable for his mortage if he dies or is his sister? Also what rights do I have to the house if she does not sign off her portion if my husband was to die? I have been helping my husband with the mortgage payment. We live in CA.
Deborah, I feel for you in this triad with your sister in law. She must be a peach.
You would not be at all liable for your husband's mortgage - you have no stake in it to begin with. Presumably, in order for him to have borrowed that money, his sister would have also had to be a borrower on that loan, which of course makes her liable for payments.
If your husband dies and has provided for you to take ownership of his interest in the home by way of a will, that would make you half-owner with your delightful sister in law.
I dread thinking what would happen next in that event, as it doesn't sound very friendly.
Please bear with me in my lack of knowledge of California real estate law - that would certainly have an impact on your situation, I think.
Honestly, you'd be wise to invest some time and probably some money by speaking with a good real estate attorney to get some real answers to these critical questions. I'm hoping that your husband is on board with your concerns in this area.
You would not be at all liable for your husband's mortgage - you have no stake in it to begin with. Presumably, in order for him to have borrowed that money, his sister would have also had to be a borrower on that loan, which of course makes her liable for payments.
If your husband dies and has provided for you to take ownership of his interest in the home by way of a will, that would make you half-owner with your delightful sister in law.
I dread thinking what would happen next in that event, as it doesn't sound very friendly.
Please bear with me in my lack of knowledge of California real estate law - that would certainly have an impact on your situation, I think.
Honestly, you'd be wise to invest some time and probably some money by speaking with a good real estate attorney to get some real answers to these critical questions. I'm hoping that your husband is on board with your concerns in this area.
Hi DeborahStrine!
Welcome to forums!
A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/know-how/about51732.html#211588
Take a look at it. I hope it will help you.
Sussane
Welcome to forums!
A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/know-how/about51732.html#211588
Take a look at it. I hope it will help you.
Sussane
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