Legal Question in Real Estate Law in Texas
My father & Stepmother has the mortgage on my house and father died
my father and stepmother signed a mortgage for my house, i have paid everything for the house, their name is all we used. my father recently passed away without a will, my stepmother and i don't know if we can just transfer the title to my name. the mortgage can stay in her name, but we want to make sure noone can take my home, as long as we pay the mortgage. we are just worried if something happens to her i can never have the house in my name.
2 Answers from Attorneys
Re: My father & Stepmother has the mortgage on my house and father died
You could do a survivorship deed with stepmom. If she dies first, the house goes to you. If you die first, the house goes to her. Otherwise, after taking care of your father's issues, she could deed it to you with your lender's consent.
Re: My father & Stepmother has the mortgage on my house and father died
Yes, you can put the house in your name. There are a few steps you need to take first.
1. You need to clear title from your father to you and stepmom. How to do this depends on dad's estate.
2. You need to get WRITTEN permission from the finance company allowing stepmom to transfer her interest to you (she'll still be on the hook for the mortgage)
3. transfer the interst from stepmom to you.
Feel free to call me if you'd like to chat about it.
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