Legal Question in Wills and Trusts in New Jersey

motgage/estate

My ex-girlfriend passed away she is listed as the deed holder of a property that the mortgage is in both our names. is her estate responsible for half the mortgage until the house is sold or foreclosed on?


Asked on 5/13/09, 9:30 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: motgage/estate

As a co-owner and co-obligor on the Mortgage, the Estate gets both the ownership rights and obligations to pay the Mortgage. This presumes that the original Deed, which I have not seen, has named the original owners (you and she) as "tenants in common" rather than "joint tenants with right of survivorship", which makes you the sole owner and may require you to assume the entire mortgage balance. More information is needed for a complete response. If you have questions, contact me directly.

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Answered on 5/14/09, 12:43 pm


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