Legal Question in Wills and Trusts in Colorado

Let's start with some basic rules for your question:

1. Real property titled in the name of your spouse and not in joint tenancy will require the proper;ty to be probated through his probate estate.

2. If the property was owned in joint tenancy, the property belongs outright to the surviving joint tenant, subject to the mortgage.

3. Yes, you will have to qualify to assume the mortgage, or you will have to refinance the property if you want to keep the property. Otherwise, the property will have to be sold and the mortgage satisfied.

4. The only time title is automatically transferred by death is with property titled in joint tenancy with right of survivorship. Otherwise, nothing happens automatically.

You should consult with an attorney in your area who specializes in estate administration for further assistance.

The surviving spouse should not be forced to sell the house. There is a federal law that preempts due on sale clauses in mortgages where the property is being transferred to the surviving spouse (12 USC � 1703(j)(3)). The personal representative of the estate would need to give the lender notice of the death of the spouse as part of the probate process however. the property will have to be transferred using a personal representative's deed as well. Hope this helps.

You can reach Dave Rich at (303) 886-2516 or [email protected]. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.