General Question

AshlynM's avatar

Does affidavit of surviviorship give legal rights and transfer of ownership to a spouse not on the loan?

Asked by AshlynM (10592points) May 27th, 2010

Or does the surviving spouse need to be appointed admin of her husband’s estate?

This wife’s name is not on the loan but is on the deed and title. Is this affidavit enough proof for the mortgage company?

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4 Answers

perspicacious's avatar

If the wife’s name is not on the loan, the loan will need to be paid out of the husband’s estate. The wife is now the owner of the property “subject to the mortgage.” If the mortgage company is willing to substitute the wife for the husband as mortgagor I’m supposing that is the paperwork you are talking about. I’m not sure about your question regarding proof. Are you in the USA?

This is an opinion, not legal advice.

Adirondackwannabe's avatar

You need a lot more advice than I can give because there are multiple things you have to know. How was the property titled? Joint with survivorship, joint tenants, etc. Was there life insurance on the loan? Other assets? You need a good attorney that handles this type of stuff. Don’t try to do it yourself. You will really regret it.

YARNLADY's avatar

It depends on which state you are in. There are several states that are called community property states and their laws are completely different.

In General, the mortgage and all the other bills have to be paid out of the estate before the remainder can be divided. It might be up to the mortgage company if they want to issue a loan to the spouse. You need to find out the survivor laws in your state or country.

Merriment's avatar

If the property is not going to be paid off through the estate it is likely that the Mortgage company is going to require that the surviving spouse either qualify to assume the loan or refinance.

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