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If the house was purchased before you and your spouse got married, or if your spouse received it as a gift or inheritance, it will likely be considered separate property owned solely by your spouse. This means that if your name is not on the title, your spouse can leave the property to anyone they want in their will.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
Do I need to list my spouse on the deed for my spouse to inherit the property? No. A spouse does not have to be on the deed to inherit a share of the property. A surviving spouse can inherit through a last will testament or if there is none, under Alabama intestacy laws.
Federal law prohibits enforcement of a due on sale clause in certain cases, such as where the transfer is to a relative upon the borrowers death. Even if your name was not on the mortgage, once you receive title to the property and obtain lender consent, you may assume the existing loan.
The clients family is more than welcome to send in payments to keep the loan current and in good status. The best thing to do upon the death of a family member is to first contact the servicer of the loan. Servicers typically require a death certificate and verification that youre the inheritor of the house.
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The clients family is more than welcome to send in payments to keep the loan current and in good status. The best thing to do upon the death of a family member is to first contact the servicer of the loan. Servicers typically require a death certificate and verification that youre the inheritor of the house.
Most commonly, the surviving family makes payments to keep the mortgage current while they make arrangements to sell the home. If, when you die, nobody takes over the mortgage or makes payments, then the mortgage servicer will begin the process of foreclosing on the home.
Generally, it is not necessary to have a new deed prepared removing the deceased co-owner. When the surviving owner sells the property in the future, the deceased co-owners interest can be disposed of by providing his or her death certificate to the title company.
Federal law prohibits enforcement of a due on sale clause in certain cases, such as where the transfer is to a relative upon the borrowers death. Even if your name was not on the mortgage, once you receive title to the property and obtain lender consent, you may assume the existing loan.
Assumption of Mortgage After Death of a Spouse In this case, the surviving spouse would become the sole owner. If you are the only one on the mortgage but are married, even if you dont have a Will, it is likely that through intestacy laws, your spouse will still inherit the house.

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