Legal Question in Real Estate Law in Arizona

if there 2 people on a home loan and one dies does the other become full owner? or if one is on title but not loan and the one on the loan dies what happens and can you pay off the home your self even if your not on the loan?


Asked on 5/13/10, 9:17 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Being a co-borrower on a home loan has no effect on ownership of the property. So, the death of one borrower does not make the surviving borrower sole owner. What you are thinking of, perhaps, is what happens when property is held in joint tenancy with right of survivorship.

The one who is in title, is the sole owner. When the deceased passed, the surviving borrower remains responsible for paying the mortgage and the estate of the deceased could be liable as well if the survivor fails to pay the loan. Your questions give the inference that you need legal counsel to sort out the different possibilities and give you advice on what steps should be taken now to protect your interests.

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Answered on 5/18/10, 9:50 am


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