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My dad passed away and his name was on the loan but both parents name was on the titl
My father passed away and his home loan was in his name only. The title is in both parents names. Can they take the house from my mother? Or because he died does she automatically inherit the house?
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Two different questions here. 1. Depending how the house was titled, it may belong completely to her now. Usually (but not always) when married couples buy a house the title is listed as "joint tenants with rights of survivorship," meaning that if one spouse dies the other gets that person's "share" of the house. However, if the house was titled as "tenants in common" then your father's share of the property passes to his heir(s) in accordance with his will. 2. If your father's name was the only one on the mortgage then the bank can call the loan. Your mother then needs to either (a) take a loan in her name, or (b) use money she may have available - perhaps from life insurance proceeds - to pay off the mortgage so she owns the house free and clear, or (c) sell the house. But the bank won't just take it from her. |
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