Legal Question in Business Law in California

My husband has a mortgage payment without my name and signature, just his. He just died. Am I responsible for the mortgage? I don't have any money and I live on social security and he has not left me anything.


Asked on 1/30/11, 3:37 pm

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

If you cannot handle the payments, you will probably have to move out. You may have equity in the home, so you can sell it and use that money to buy an apartment or condo.

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Answered on 2/08/11, 2:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What property was subject to the mortgage? Mr. Marman's answer assumes the loan is on the house you're living in, and that may be correct, but you didn't say so. In any case, you do say he didn't leave you anything. Who, then, inherits the property covered by this mortgage? The person who inherited the property covered by the mortgage probably also inherited the obligation to make the payments. All in all, I don't think you gave us nearly enough information to give you a proper, useful answer. Please feel free to contact me directly with details, and perhaps I can give you some advice (free, of course).

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Answered on 2/08/11, 4:16 pm

I am curious how you could be left with nothing when there must be property that the mortgage payment is on. There are a number of good probate attorneys in Santa Clara County. You should talk to one right away.

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Answered on 2/08/11, 11:10 pm


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