Legal Question in Real Estate Law in Massachusetts

Mortgage & home ownership

It depends on how the deed lists your names.

If you could clarify the question, I could probably answer it.

Re: Mortgage

If your question is whether the mortgage is extinguished by your husband's death, the answer is probably not.

Assuming that your name is on the deed as a tenant by the entirety or as a joint tenant with right of survivorship, and that that deed was executed after the mortgage, your interest is subject to the mortgage.

If your husband recently passed away, you should probably speak with an attorney to see if there are any steps you ought to take at this time to preserve any potential tax "benefits" to which you may be entitled, either concerning state or federal estate tax, and income tax.

Re: Mortgage

I suspect your husband may be only obligee on the note, but the mortgage covers the entire property. So the home may be yours but the mortgage is still secured against the property.

I suggest you contact an attorney with a copy of the relevant documents so you can deal with the issue properly.