What happens in the state of Florida if a husband and wife are both on the title and only the husband is on the note and the husband passes away?

Asked by Godolphinss0905, Boca Raton, FL Fri Feb 8, 2013

Does the wife lose the home? Does she have to refinance the home? Is she responsible for the note?

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David’s answer
David, , Ocoee, FL
Fri Feb 8, 2013
I'm not only a realtor, but also a real estate attorney and this is a common situation. Because of Florida's constitutional homestead laws, wife will be put on title if the couple is married, even if only husband is on the note.

Upon husband's death, wife can assume the note. If she wants to walk away from it, she can. It will be her choice. Even if the note is not assumed, no lender would be able to foreclose. As long as payments are current there would be no damages which would allow a judge to order foreclosure.

David Dowell
Realtor & Attorney
3 votes
Vincent Paige…, Agent, Orlando, FL
Sat Feb 9, 2013
This is a question for a real estate attorney, realtors are not allowed to give legal advise..

Take care,

Vincent Warren Paige, Jr.
REALTOR® | RE/MAX Showcase
Certified Broker Price Opinion Registered Agent (BPOR)
8934 Conroy Windermere Road | Orlando, FL 32835
Direct: 407.256.8190 | Fax: 407.264.8073
E-mail: vpaige1@yahoo.com
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Sat Feb 9, 2013
Lot's of assumptions have to be made to answer your question. David's answer is fine if it is your residence, but if it is an investment, then other considerations apply. You can certainly get an attorney to answer these questions over the phone in a relatively short phone call.
0 votes
Alan Martin, Agent, Orlando, FL
Fri Feb 8, 2013
Good answer from David. Thanks for sharing
0 votes
Carri Schoel…, Agent, Orlando, FL
Fri Feb 8, 2013
Was the mortgage life insured? If it was the mortgage would be paid off with proof of death. That would be the first thing to check with mortgage holder and then go from there. As suggested, getting legal counsel would also be good idea as this could involve an estate and probate.

Hope this helps some. Best wishes to you.

Carri Schoeller ABR, e-PRO
Charles Rutenberg Realty
0 votes
Danielle Sha…, Agent, Cape Coral, FL
Fri Feb 8, 2013
Suzanne is correct. You really need to seek legal advice.
0 votes
Jennifer Bar…, Agent, Winter Park, FL
Fri Feb 8, 2013
I am not an attorney, however in the state of Florida if you purchased the home while you are married you get the full rights to the ownership. However if the note is in his name you will have to change it over to you. For that it can be tricky I am sure. Below is a wonderful real estate attorney I work with. He is one of the most honest people I know. If your husband has passed I am sorry for your loss. Let me know if you need any help in the future. All of my contact info is on my profile.

Stephan Reinhardt
Brokers Title of Central Florida LLC
711 N. Orlando Ave., Ste 303
Maitland, FL 32751
(407) 628-1041 (p)
(407) 628-1495 (f)
0 votes
Suzanne MacD…, Agent, Morristown, NJ
Fri Feb 8, 2013
This is a legal question. I would strongly suggest you consult with an Estates attorney.
0 votes
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