Legal Question in Wills and Trusts in Michigan
An man and woman buy a house together. Both are on the title but she alone holds the mortgage, which carries mortgage insurance. She passes away without a will. What are the man's rights in regard to the house?
1 Answer from Attorneys
The title is likely held in one of two ways - either "joint tenants with full rights of survivorship" or "tenants in common". If the deed says Sally Smith and John Doe, as joint tenants with full rights of survivorship, John Doe owns the house subject to the mortgage (meaning he must pay it or the lender can foreclose the mortgage). Based on your scenario, the man is not responsible for paying the mortgage payment, even if he is on the deed (as long as he's not on the promissory note). So, if he wants, he should be able to stay and continue to make mortgage payments, or (if his name is not on the promissory note), he can walk away with no liabiliity. This is not a simple matter, so I suggest you have an experienced real estate and probate attorney take a look at your documentation. Good luck.
Glenn R. Matecun
Attorney-At-Law
www.MichganEstatePlans.com
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