Legal Question in Real Estate Law in Indiana

My husband died...What happens to the house?

My husband and I were married for 5 years. He passed away May 30 2008. We have been living in his house. His name is on the mortgage only. I have continued to make the monthly payment. I am wondering do I need to call the mortgage company and have the house put in my name? I have horrible credit and am concerned that the payment may go up if I do this. But also wonder if it could help my credit since I continue and will continue to pay the mortgage. I have also been argueing with his mother and am worried that if I don't that she might be able to take this home from me and my son. What do I need to do? By law is this house now mine? What are the steps I should take to insure that my son and I will be able to keep this home? Thanks so much..

Jennifer


Asked on 4/27/09, 12:08 pm

1 Answer from Attorneys

Re: My husband died...What happens to the house?

Jennifer:

Thank you for your question.

The mortgage is not determinative of who owns the house. Is the deed in his name only? If the deed is in your name and his as joint tenants iwth a right of survivorship, the house is yours. If it is in his name only, then you need to find out whether he has a will. If he has a will, does it name anyone other than you or your son as heirs? If so, you really need to see an attorney. If he did not have a will, the property should go to you and his children under Indiana law. You really need to see an attorney in order to address all of your issues in detail. good luck.

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Answered on 4/27/09, 12:18 pm


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