Legal Question in Real Estate Law in California

Re: property aquired before marriage

Your estate would be liable for the mortgage. Whoever receives the house after your death will take it subject to the loan.

Re: property aquired before marriage

I generally agree with Mr. Koenen. I would add that the lender's recourse is frequently only to the collateral, especially in the case of a purchase-money loan. The result is that while the lender can foreclose on the house, the lender cannot sue either the borrower or the borrower's heirs if the foreclosure fails to produce sufficient cash to pay off the loan. In this respect (assuming your husband is your heir), he would not be liable for the mortgage.

Obviously, however, unless someone makes the payments, there will be a foreclosure and your heir would lose the house.

Re: property aquired before marriage

Your husband wouldn't be liable because he wasn't the borrower. However, he would take title to the property subject to the mortgage. If the mortgage company wouldn't work with him or take the payments, he would need to refinance.