Can I walk way from a mortgage that only has my dead husband's name on it?
Question Details: He died and only his name is on the mortgage. Can I walk away from it or am I responsible?
If his name only, not yours, was on the mortgage, you are not responsible to pay it: a mortgage is a contract, and only those who agree to the contract (whose names are on it) are obligated or liable under it. The house will be foreclosed upon if you walk away from the mortgage, but so long as you are comfortable with that, you can do this.
Rate This Answer: 
Not Yet Rated
Not Yet Rated
M.D., Member, California And New York Bar / FreeAdvice Contributing Attorney
Answered 6 months ago |
Contributor
A mortgage is a contrat and, just like another contract, is only enforceable against the parties who agree to be bound by its terms. Accordingly, since your name is not on it, you can walk away from the house without any reprucussions regarding the lender.
Rate This Answer: Not Yet Rated
Not Yet RatedIMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.
