When I married my husband he already had a home in Florida (primary). We never put my name on the mortage or title. What happens if he passes away?

Asked by Kelly, 22201 Mon Aug 9, 2010

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Jane Jensen, Agent, Mclean, VA
Mon Aug 9, 2010
Hi Kelly. Every state has different estate laws. It's best to check with a Florida attorney on the rules that would apply.
You can certainly put your name on the title now and/or refinance with a new mortgage under both your names.

Jane Jensen
1 vote
Vivianne Rut…, , Fairfax County, VA
Tue Aug 10, 2010

You do NOT have to be on the mortgage, but you must be on the title to have any rights to the property. This is NOT a legal advice - I am not an attorney. You should contact a lawyer for a legal advice as every state has their own property laws.

You can read about various ways a title to the property can be taken on my blog:
0 votes
John Mentis, Agent, Arlington, VA
Mon Aug 9, 2010
Contacting the Florida real estate attorney or settlement company which closed the deal down there is absolutely the way to go, Kelly.

Good luck!

Web Reference:  http://www.JohnMentis.com
0 votes
Marge Bennett, Agent, Fort Myers, FL
Mon Aug 9, 2010
If it is your homestead, then you are protected by our homestead laws. Check with a florida real estate attorney for the details.
0 votes
Jim McCowan, Agent, Arlington, VA
Mon Aug 9, 2010
Check with the settlement company in FL to see what the laws are there. My guess is that if you aren't on the title and he has no will, it will go to his heirs. The settlement company can advise you on how to add your name, as well.
Web Reference:  http://www.jimmccowan.com
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