Legal Question in Real Estate Law in Florida
If the wife's name does not appear on the house title or the mortgage on a property that was bought during the marriage and the husband passes away, does the house go to the wife and children even though the mortgage has not been paid off.
2 Answers from Attorneys
My first concern is that if your property was acquired during the marriage, and its your homestead, then for the mortgage to attach your wife should have signed the mortgage deed.
Beyond that, if it is your homestead, at minimium (without a pre-nupt) she has a life estate, then to the children. It is also possible that she could get it all. More info is needed.
Any validly attached mortgage goes with the ownership.
She will have to go to probate on her husband's estate and have title transferred. The mortgage
must also be transferred and paid to avoid foreclosure.
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