what happens if my name isn't on the deed or mortgage and my spouse dies? Am I automatically entitled to the home?

Asked by Alvon And Victoria Brown, Upper Marlboro, MD Wed Oct 19, 2011

We decided due to my lower credit score and my lack of qualifying income not to add my name to the loan and was not able due to VA requirements, couldn't just put my name on the deed and not the loan. I am concerned if he was to die would I be entitled to the paid off property even without a will?

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33
Beth Grant, , Virginia
Wed Oct 19, 2011
First and foremost, consult an attorney. If your husband were to pass away without you being on the Deed, I believe the house would become part of his estate. You should have yourself added to the title so that if he were to pass, the house would revert to you. You would still need to make the mortgage payment(s) unless he has mortgage life insurance that would pay it off in the event of his death. The Veterans Administration does NOT pay the loan off in the event of his death; I believe you were misinformed with regards to that. Any good real estate (or probate attorney) could prepare a Deed from your husband to the two of you, and if you take title as
1 vote
We paid cash for the home and i have recipe where we percash the home , but my wife put home in nlaw name, and i know this informations i was there when it took place how can instop her from selling the home
Flag Thu Apr 27, 2017
Alifuller69, Home Buyer, New York, NY
Thu Jun 22, 2017
My name is on my house title deed , my husband is a third party on the loan . If I die tomorrow my will is my home is to go to my children ... I'm asking this as when I remarried i had already paid off 300,000 off my mortgage . I owe 270,000 my father has passed and I have the money to pay my house outright . Am I better offsetting my loan or paying it outright as the deeds are in my name
0 votes
Christineall…, Home Buyer, New York, NY
Wed Jun 21, 2017
What do you do when someone put there name on your deed to your house with out your permission.
0 votes
Bcherokee44, Home Buyer, New York, NY
Tue Jun 20, 2017
Can the state of Illinois put a lien on my house if his name is not on the loan
0 votes
Vpennock, Home Buyer, New York, NY
Thu Jun 15, 2017
Do they still have insurance policy for veterans. That will still pay off those mortgages
0 votes
Vpennock, Home Buyer, New York, NY
Thu Jun 15, 2017
My brother is getting ready to sign mortgage papers with his with he is 100% disable veteran he wants my name on the title can he do it
0 votes
Melisag915, Home Buyer, New York, NY
Mon Jun 5, 2017
Am I entitled to home or monies from it if sold....I went in thinking I'm a co owner with my mom even though my name is not on deed..But I gave money for down payment..State of New Jersey we live.
0 votes
Betttdawkins, Home Buyer, New York, NY
Sun Jun 4, 2017
My husband passed away he left mo will and a 5000.00 ins policy my name was never on this house what can I do so if I should die my children will be able to sell this house
0 votes
Helencarmona…, Home Buyer, New York, NY
Sun Jun 4, 2017
can a person your living with think that they can kick you out ,when there name isn't on the deed ,but there sister is and don't live in the home were your being kick out from and the dad has passed away but they still haven't told the office were the payment is paid to for the last 7 or more years now and at times has brother call in to let them know the payment is gonna be late
0 votes
Walkerd7277, Home Buyer, New York, NY
Thu Apr 27, 2017
My wife passed and she put house in mom name can i have name put on deed instead of mother nlaw me and my wife lived in the home the house was put nlaw name do to tax perpus who intited to property.?
0 votes
Pinehurstcit…, Home Buyer, New York, NY
Wed Mar 29, 2017
My husband was gifted, then inherited some property and later with community money purchased 7 acres in the same tract. My name is not on the Deed of Trust. I haven't found the deed of Trust for the 7 acres. Although property taxes, repairs, cabin, new home, garage, landscaping, lake with stock fish, property taxes, insurance and road building has been done with community money. In the beginning, 1986, there were oil checks for this property that was put into the community bank account. This is in the state of Texas. After my parents passed away and estate settled I kept everything separated. And now several years ago, my husband opened himself, with only his name on it a separate bank account, which he put the oil checks into, I think that this was around 2010, but still all the bills are paid out of community money. Should I die before him, no problem, but if he would pass away, how hard would it be for me to claim the property and their is no document of right of survivors for me to live on the property, until I pass. We both agreed that the property should go to our daughter, who is 45. Of course, she has no intention of moving there at all. I'm very doubtful if she would keep it.
0 votes
Bhartley37, Home Buyer, New York, NY
Sun Dec 4, 2016
If my partner puts my name on the deed and the house is foreclosed on in the near future, will I be responsible for the mortgage loan payoff?
0 votes
Lorettadomen…, Home Buyer, New York, NY
Sun Sep 18, 2016
My husband and I have been married for 18 years and together a total of 32 years. We bought the house 3 months after we got married. The house is only under my husbands name, if he should die will the get the house, 401k, bank accounts (only under his name). We have 2 children ages 21 and 35 will they be entitled to anything.
0 votes
You need to be put on the deed. Your property could pass to the county or state if you don't have a survivorship clause in the deed. You can do this with a quitclaim and then have both you and your spouse added to the new deed when you file it with your local county court property dept.
Flag Wed Jan 25, 2017
Maxine.bowle…, Home Buyer, New York, NY
Mon Jun 6, 2016
I am not on the deeds of our property but i am on the mortage and the mortage is paid jointly.
What happens if he dies, do i need to go on the deeds
0 votes
YES....Do it asap!
Flag Wed Jan 25, 2017
Ritamorais60, Home Buyer, Pompano Beach, FL
Fri Jun 3, 2016
Husband just passed away and never got a chance to put my name on house deed. it's his house. There's no will either. Will I lose the house?
0 votes
It will become part of his estate, and go into probate. You will have to call an attorney.
Flag Wed Jan 25, 2017
Every state has what are called "Laws of descent and distribution" which apply when people die intestate (leaving no will). Contact a probate attorney in the state where the house is located, which may be different than where you live or where your husband passed away. If he owned property in several states the same theory of law with apply in each. Sad to hear of your loss. Good luck to you! Hope this info helps.
Flag Fri Jun 3, 2016
Ritamorais60, Home Buyer, Pompano Beach, FL
Fri Jun 3, 2016
Please answer this question
0 votes
Mattypinsche…, Home Buyer, Louisville, KY
Sun Mar 13, 2016
Me and my husband have been married for 17 years and we recently purchased a home together that both of our names are on the deed so if he passes away will i be able to keep my home without him making a will?
0 votes
As a joint tenant, the house would pass to you, but you both should make Last Will and Testaments. It's the responsible thing to do, even if you don't think there will be much there.
Flag Sat Oct 22, 2016
Ricesmiley20…, Home Buyer, Salisbury, NC
Mon Jun 29, 2015
at the time we purchase our house ( my meaning I am the wife) name was not put on the deed gave my husband MONEY TOWARD THE CLOSING COST.. WHICH he excepted it. we got married 3 months after BEEN LIVING TOGETHER IN OUR HOUSE...4 YRS LATER and some months he wants a divorce and put the house up for foreclouse so I will end up with nothn.. what r my rights and what can I do? can I stop him from doing tis? I still have my receipts various work I invested into the house including decorating and fixing it up. how can I take tis to court? please can I get a respond to all my guestions.. thanks lookin 4 help
0 votes
We have a situation there is a will that named a person having the house but an executor is an place now there is no deed what happens to the house and all its belongings
Flag Sun Aug 28, 2016
My ex was not on my mortgage and he never paid anything on the house, heck he never even worked. But he went and put a lien on my property and I had to pay him money to sign off my house before I could sell it. I don't know if it would work in this situation but it worked for him.
Flag Wed Aug 17, 2016
Get an attorney ASAP as in NOW!!!
Flag Tue Mar 15, 2016
Carolinaoq, Home Buyer, Traverse City, MI
Mon Sep 29, 2014
Hi..
If my now husband got a mortgage before we got married and is under his name, now that we are married, do I have to pay the mortgage with him.?
0 votes
No, you are not an obligor under the mortgage. You didn't sign a note with the bank. The bank did not run your credit and, quite frankly, they don't even know you exist at this point. Your husband could ask the bank to modify the mortgage and add you as a borrower, only then will you be obligated to pay the mortgage with him.
Flag Fri Apr 1, 2016
clif, Home Owner, Whiteville, NC
Thu Apr 10, 2014
wife passes and the deed has both names and the loan mortage has just her name cause she worked and i had my own business and they told her it would be better just to put hers and i'm still paying the mortage, how do i go about get my name on the mortage? everything was left to me in her will. what do i do and how do i get it in my name. the loan is almost paid for.
0 votes
Paula Harding, Home Owner, Lubbock, TX
Sat Oct 6, 2012
Your last sentence above indicates to me that the property no longer has a mortgage. Is that correct? If so, why haven't you and your husband completed a "quit claim deed" adding you along with your husband as an owner to the property and then filed it with your county court of property records? You can also have an attorney (probably a real estate attorney or an estate planner) prepare the Quit Claim deed, but of course this will cost more.

You can purchase quit claim deed forms online, or at your local office supply. You can fill them out, but I would advise that you do your homework and know what needs to be said in these forms. They also should be signed by all interested parties before a Notary. They may even require a witness signature or two, depending on your state and county law. Once all has been accomplished, it's time to have the papers file. That's it, you're financial interest is protected.
0 votes
lynnbrandon90, , Penn Hill, PA
Sat Sep 8, 2012
my cousin past away and i paid the mortgage on the house... but my is not on the deed or mortgage should i still paid for the mortgage?
0 votes
Lorraine, Home Owner, New York
Sun Aug 12, 2012
my name is on the mortgage. How can i make sure my name is also on the deed?
0 votes
Alvon And Vi…, Home Buyer, Upper Marlboro, MD
Wed Oct 19, 2011
Again thank you all...by the way, I wasn't asking for the purpose of living in the house if he were to pass away but so I don't just get put out before I can move. I wouldn't want to worry about selling the home or live in that big house without him anyway. Should I even be worried about this?
0 votes
Alvon And Vi…, Home Buyer, Upper Marlboro, MD
Wed Oct 19, 2011
I will find out more about this. Thank you again.
0 votes
Tina Beasley, Agent, Saint Augustine, FL
Wed Oct 19, 2011
I do not understand why your name could not be on the deed to the property. I have had clients in the past that were not on the loan but we added to the deed for this very reason. Please consult with another title company or real estate attorney to help you with this matter as you should be on the deed.
0 votes
Abu Musa, Agent, New York, NY
Wed Oct 19, 2011
Your question is related to inherit, so you may talk to an attorney.Time is important so this the time for this purpose.Thank you.
0 votes
FSBOsuccess, Home Seller, 28590
Wed Oct 19, 2011
If the house is not held jointly, you have no ownership or rights to the house.
0 votes
Alvon And Vi…, Home Buyer, Upper Marlboro, MD
Wed Oct 19, 2011
I thank all of you and I did ask my husband about this to see if he could get more information about it as I have his name as a beneficiary on all of my policies and retirement funds. We've been married 17 years and are not planning on divorcing and we are both in great health and plan to be around for a while. I just want to ask since this is our first home and as reasons stated above want to be sure as I don't want to be put out of the house if something were to happen to him. The issue came up after discussing how the VA pays off the property in cases of death of military member and I was wondering what that meant for me. Thank you again.
0 votes
Vicky Chrisn…, Agent, Purcellvile, VA
Wed Oct 19, 2011
These are legal questions... and I am not qualified to provide legal advice. But I can offer a generic answer for purposes of conversation... In VA a spouse *usually* inherits everything, unless there is a will that says otherwise. If the dying spouse has children from a prior marriage, everything is split between the current spouse and children from a prior marriage. There are lots of variables, though, so check with an attorney. Also, unless you have insurance that pays off the mortgage whoever gets the house will be obligated to pay the debt. The lender at that time has the right (usually - there is that word again) to call the note meaning require that you pay for 100% of the mortgage immediately (you do this by refinancing - if you can't refinance you may have to sell to pay the mortgage). Having said that my experience is that the lender will not do this unless payments are missed. If payments are kept up they usually pretend all is well and continue to collect the payments remaining quite content. Hope this helps. Start by asking about your specific circumstance at closing. That attorney can help you understand if you need to take other steps to make sure that everything is in place -just in case.
Web Reference:  http://www.vickychrisner.com
0 votes
Cindy Jones, Agent, Alexandira, VA
Wed Oct 19, 2011
You need to consultant an attorney. The simple answer to your question is NO. There are a number of factors that can come into play when someone passes away and the surviving spouse is not on the property deed. Don't assume anything. Plan your estate now to make sure should a tragedy happen in the future that you are protected.
0 votes
Lauryn Eadie, Agent, Reston, VA
Wed Oct 19, 2011
unfortunately, No, unless he holds a will naming you as the beneficiary, or you hold the property in trust.


It sounds like he is still living, my suggestion is to call an estate planning attorney immediately, I can recommend someone to you if you want to email me at lauryn@lnf.com.
My husband and I recently worked with him. You can add yourself to the deed, or open a trust to hold your property in. Either way, you need to speak with someone because as it stands now you will have to go to probate and show that you should be the beneficiary of the home.

If he has been married before or has children from outside the marriage you will certainly want to discuss how your shares of the home will be distributed.

Good luck, and get started on this ASAP! right now you are a sitting duck if anything happens to your husband.
0 votes
Scott Godzyk, Agent, Manchester, NH
Wed Oct 19, 2011
You are not entitled to anything unless it is done correctly. First thing is the ownership can be determined through a will. secondly if god forbid something happens, you would need insurance that pays off the loan as the mortgage remains on the house even after death. The closing attorney can help add you onto the deed, The best person to ask these question for your particular scenario is your attorney. good luck with your purchase
Web Reference:  http://www.ScottSellsNH.com
0 votes
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