Legal Question in Wills and Trusts in California
Is the estate of my deceased spouse liable for 1/2 the mortage on our home. The title was held jointly and went to me upon his death, but his 1/2 of the estate is going thru probate. The mortgage was cosigned by both of us and was a community debt. We live in California.
2 Answers from Attorneys
Your terminology is a little confusing. Although a lot of people call them mortgages, the document you both signed is a deed of trust, which is governed by similar rules, but is also different than a true mortgage.
If you both signed the promissory note, you and his estate are both liable for the repayment of the underlying debt. Because you both signed the deed of trust, the entire property is subject to the existing deed of trust, despite the fact that you held title in joint tenancy.
Attorney Anthony Roach is correct in the analysis of your legal question and facts.
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