If husbands name is on deed and first mortgage and wifes name is on 2nd mortgage. What are wifes rights in the event of husbands death?

Asked by Kld100, Phoenix, AZ Thu Jun 20, 2013

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Karen Peyton, Agent, Chandler, AZ
Wed Jul 10, 2013
I concur with previous suggestions (that) you should contact an attorney. A mortgage simply indicates the party or parties responsible for payment of the debt. It is not an indication of property ownership or how an ownership interest may be transferred upon death.
1 vote
Cheryl Menay…, Agent, Scottsdale, AZ
Sun Jun 23, 2013
Contact an attorney for details that apply to your situation.
0 votes
Bianca Benne…, Agent, Glendale, AZ
Thu Jun 20, 2013
Do you have a document with his will? Please contact an attorney!
0 votes
Ann Griffin, Agent, Mesa, AZ
Thu Jun 20, 2013
Absolutely contact your attorney.
0 votes
June, Both Buyer And Seller, Phoenix, AZ
Thu Jun 20, 2013
Kld, the fist thing to do is not to seek legal advice on a real estate website.

A lender giving legal advice, and especially advising you on how to hold title, is very irresponsible. The only advice you can follow from the below is that from those advising you to talk to an attorney.

Community Property w rights of survivorship may or may not be right for you. It will depend on many factors, including if there are kids and your husband wishes to leave at least part of his house to them, etc...
0 votes
Doug McVinua, Agent, Gilbert, AZ
Thu Jun 20, 2013
An attorney is the best destination to review this situation and get everything put into place correctly.

Other factors may be in play that you are not even thinking about that a good attorney can hep you with.

Hope everything is OK!
0 votes
BParker, CPA*, , Scottsdale, AZ
Thu Jun 20, 2013
Hello Kid100:

Run. Run to the nearest title company you can find and get yourself on that Deed as "Community Property with Rights of Survivorship". As mentioned below, without being on the Deed you can be evicted from your home upon the death of the person on the home. Without being on the Deed, the person on the Deed can transfer title to someone else without your permission. Etc., Etc.

0 votes
Tim Moore, Agent, Kitty Hawk, NC
Thu Jun 20, 2013
Your name is not on the deed? That is a bad thing since the deed, and not the mortgages, show who owns a property. The mortgage just shows who is required to make the payments or go to foreclosure over not paying them, but the deed shows ownership. Unless there is a will giving you the property then it could be a problem. Best to go see a lawyer to fix it and get you on the deed.
0 votes
Jennie Miller…, Agent, Phoenix, AZ
Thu Jun 20, 2013
This would be a great question for an attorney.
0 votes
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