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If spouse dies is the other spouse still responsible for the mortgage payments?

Our mortgage is solely in my name and right now because of the housing meltdown, I owe more than the house is worth. If I died would my wife be legally responsible for the remaining balance on the mortgage? Or could she just walk away from it.

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my sister and I own mortage together--what if one of us dies? what happens to mortgage?

Like | Dislike | Share | Posted: Mon, 04/19/2010 - 16:06 | Post subject:

riseabove's picture
riseabove | Joined: November 9, 2009 12:58 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm affraid that lenders can be pretty unsymathetic in situations like this. In essence you both took on the obligation to pay the loan off and thats going to get enforced.

Not to sound crass, but this is a good reason why people get life insurance.

Like | Dislike | Share | Posted: Wed, 04/21/2010 - 20:16

evolovik26's picture
evolovik26 | Joined: August 15, 2007 11:43 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If both of them are on the mortgage then both spouses are equally responsible
but you can always contact the lender to see if there is a way to modify the mortgage due to something like this

Like | Dislike | Share | Posted: Wed, 12/17/2008 - 18:17 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jean,

If one of you dies, the other can just keep making the payments to retain the house. As long as you keep making the payments on time, the lender will not want to foreclose your home.

Like | Dislike | Share | Posted: Tue, 04/20/2010 - 01:07

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi hufnnc,

you have mentioned that the mortgage is in your name. in that case, your wife will not be liable to pay the mortgage after your death. however, the lender may ask her to refinance the mortgage in her name. i think you should contact the lender as eugene volovik has said and check out the options available with him.


Like | Dislike | Share | Posted: Wed, 12/17/2008 - 19:33 | Post subject:

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