Legal Question in Credit and Debt Law in Florida

If my husband dies and our home loan was only in his name, am I responsible for it. The house is in both of our names,

Asked on 9/03/15, 1:54 pm

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

You are not responsible to make the loan payments, however, if the payments stop, the bank could foreclose on the deed. You should consult a lawyer who practices probate law, or one who writes wills and trusts to get some advice on how to keep your home if your husband should pass away before it's paid off.

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Answered on 9/03/15, 2:25 pm

The house and loan are treated separately. The house can be transferred in your name but the lender can make you refinance and apply for the loan in your name, which carries a risk of rejecting the loan. Also, as Mr. Kaufman stated, if payments stop, the lender can pursue foreclosure.

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Answered on 9/03/15, 8:36 pm

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