My name and my mother's name are on our mortgage, my husband's name is not, as we got married after my mother and I refinanced, I want to know if something should happen to me and/or my mother, would my husband have legal rights to the house or do I need to do something to be sure he would not have any problems should something happen.
2 Answers from Attorneys
It depends on how the property is titled between you and your mother. Have a lawyer look at your deed and explain it to you.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Also understand that your deed and your mortgage are different items. It's possible that your mother is liable for your mortgage but doesn't own the property. If you are concerned about what happens to the house or the mortgage after death, then you can draft a will that can dictate what happens after death. Show your deed to a lawyer. Then draft a will that gives the house to your husband after your death. If you are in Philly, You can download a copy of your deed from the city's website. Other counties offer the same services. I am happy to help you. Feel free to call or email me. Good luck.
Related Questions & Answers
Can my next door neighbors that are a fire dept. dig into my yard? Asked 9/25/13, 10:35 am in United States Pennsylvania Real Estate and Real Property