Legal Question in Real Estate Law in California

I'm not a tax expert, but you seem to meet what I think are the requirements to be able to deduct the interest: (a) you were legally obligated to pay it, and (b) you did in fact pay it. As to your second question, it may depend upon how title was held after the house was placed in both names. Rather unlikely that it was joint tenancy, but if so, as the survivor, you would now hold full title automatically. In the more likely case that you were/are a tenant in common, or that the house was community property, the question will be whether you inherited your husband's interest, and that is best determined by an attorney who specializes in wills and estates, especially the one who was retained in connection with your late husband's estate.

The mortgage follows the property so that you are not free of the indebtedness. Since you have ownership in the house, and you are paying the mortgage, you should have the deduction. You do need to clear title to assure you are now the sole owner. See a probate of estates attorney to help you with this process. That way you can assure that when you want to sell or refinance that the house is properly vested. This process will also let you verify the ownership and that you do own it. You may find that you are not the sole owner, which might be the case if title is held as tenants in common and your husbands share was left to others. See an attorney.This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.