Posted on: 04th Oct, 2013 01:16 pm
My spouse recently passed away. The house and the property were titled as joint so it goes to me without going thru probate. But there is a small mortgage still owed on the property and also a equity line of credit attached to the property. The mortgage and equity line of credit is in both our names as a community debt in the wording. His share of the estate is going thru probate with children from a prior marriage. My question is does his share of the estate have to be responsible for 1/2 of the debt on the mortgage and the equity line? We live in California.
Welcome ssppuurr,
Once the property is transferred to the heirs, you can speak to them and ask them to contribute toward the mortgage and the line of credit.
Once the property is transferred to the heirs, you can speak to them and ask them to contribute toward the mortgage and the line of credit.
Ask the probate lawyer.
