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if a spouse owned a home, remarried, does not put new wife on title, but adds her to the mortgage, where does she stand if he dies

by bettyjwalter977 from , California. Mar 17th 2021 Reply

Bert Carpenter (BertCarpenter)
#1 ranked lender in Arizona - 2,423 contributions

When you remarried, you added your new wife to the loan but not to the title? I can't imagine a scenario where a lender would add a new spouse to an existing loan., but let's assume they allowed it to happen. California is a Community Property state, but your previous marriage could complicate things. Did you own this house before the divorce? Could your ex have a claim against it as part of the community the two of you had while married? If you die, your current wife may have a difficult path to obtain title to the home. If your plan is for your new wife to retain the home after you are gone, then I would suggest you look at either adding her to title so the two of you own the property as either Joint Tenants With Rights of Survivorship or as Community Property With Rights of Survivorship. This way, the intent is clear. When I die, I want X to be the owner of the property. If, however there is a compelling reason as to why you do not want her on the title now, but still want her to get the home when you pass, you could record a beneficiary deed, that leaves the home to her when you pass. You would want to seek legal advice regarding the options so you can take what ever action best protects the survivor. ~ Bert Carpenter, The LoansA2z Team of NEXA Mortgage ~ NMLS 40586 ~ Licensed in AZ, CA, GA, IL, OR & WA... In fact, NEXA is licensed in all states except MA and NY and we are pending approval in VA, so give us a call. ~ 480-889-9000.

Mar 17th 2021
Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 4,703 contributions

Depends on the state, but usually they will have a marital right to the property regardless if they were officially put into ownership on paper. One to buy, two to sell. I lend in Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota. Find me online at Cambria Mortgage, NMLS 274132

Mar 22nd 2021
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