Legal Question in Real Estate Law in Tennessee

if your husband dies and a loan was in his name to pay for a house, would his wife be responsible for the loan if her name was on the deed, but now on the loan.

Asked on 4/11/12, 4:00 pm

1 Answer from Attorneys

Caitlin Moon C2Law
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The wife would be personally responsible for the loan if she signed the loan documents.

However, even if she didn't sign the loan documents and isn't personally liable, if the lender has a lien against the house to secure the loan - this is commonly called a deed of trust in Tennessee - then this loan must be paid off in order for the wife to have clear title to the property.

As well, if the lender has a lien against the property, it may be able to foreclose against the property to satisfy any unpaid debt.

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Answered on 4/11/12, 4:08 pm

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