Legal Question in Real Estate Law in Florida
I own a house with my companion, who died in September, 2009. The deed says both our names "with right of survivorship". There is a mortgage on the house and I have been paying it each month because he was in Hospice. Is there anything that I need to do now to get his name off the mortgage and deed and all of it into my name? The bank told my I had to due an assumption on the loan. Is this true?
1 Answer from Attorneys
The Right of Survivorship clause indicates that the property passes to you automatically at the death of your companion, without the need for probate. To transfer the property into your name, you will need to present a certified death certificate to the property recorder's office. As far as the bank goes, each bank has their own set of policies and forms. Thus, you will likely have to complete a form and present a certified copy of the death certificate to get the mortgage solely into your name.
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