Legal Question in Real Estate Law in California

In the state of California, if I have a home loan under my name only but both my spouse and I are on the Deed of Trust. If I die and my home mortgage loan is not assumable can my spouse continue to pay the loan or is she forced to refinance the loan?


Asked on 11/13/12, 8:42 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

She would have to refinance.

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Answered on 11/13/12, 7:52 pm
Anthony Roach Law Office of Anthony A. Roach

That doesn't make any sense.

If your wife has signed the deed of trust, she has the right to make the payments.

Second, a transfer as a result of the death of one spouse does not trigger a due on sale clause, so she would be able to continue making the payments.

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Answered on 11/14/12, 9:51 am


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