A mortgage assumption, however, is when one spouse agrees to take sole responsibility for the mortgage payments. This method comes with less risk as a mortgage assumption effectively takes the other spouse off the loan and ensures the interest rate, terms and balance remain the same.
But, if the surviving spouse is not listed on the mortgage, there must be a transfer of ownership in order for the surviving spouse to keep the house. Once ownership is transferred to a surviving spouse or any other heir, it is up to them to continue making payments until they decide what to do with the house.
Divorce is the most common reason to transfer a mortgage, but it is not the only one. For instance, if a husband and wife want to refinance their home to decrease monthly payments, it may make sense to transfer the mortgage over to the spouse with the better credit history in order to qualify for a lower rate.
However, there are laws that allow heirs to inherit the title of a home (making them the legal owner of the property) without triggering the due-on-sale clause. So, if you've inherited the home of a loved one, you can assume their mortgage and continue making monthly payments, picking up right where they left off.
The general rule is that a mortgage may not stay in a deceased person's name, however exceptions may apply. Generally, if a person dies, the title will transfer. If the title transfers, it invokes a due-on-sale clause.
In most cases, the spouse's will determines what happens to their property. So, you must look over the will with an attorney to see if you're entitled to their property. However, if your husband didn't have a will, you may automatically inherit the property, depending on your state's laws.
A mortgage lives on after the death of the borrower, but unless there is a co-signer or, in community property states, a surviving spouse, none of the deceased person's heirs are responsible for paying the mortgage. Those who are in line to receive an inheritance may be able to take over payments and keep the house.
If your husband had no will, and there is no deed of the home to you, the law of intestate (“no will”) succession should apply. Therefore, the sale proceeds from the house would be divided 50% to you as the surviving spouse and 50% to your late husband's two sons as children from a prior marriage.
Unless you're assuming a mortgage privately from someone you already have a close relationship with, you'll likely go through underwriting to transfer financial responsibility. The seller's lender will put you through an approval process that requires documentation and information typical of a mortgage application.
Jointly Owned Property
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property.
You can check the loan documents to see whether assumptions are permitted. The loan document will typically state whether or not the loan is assumable under the "assumption clause." The terms may also appear under the "due on sale clause" if loan assumption isn't permitted.
Removing a name from your mortgage: Can it be done without refinancing? Yes, it is possible to take sole responsibility for a home that you're currently sharing without refinancing, even if your ex-spouse or another co-borrower or cosigner is currently on the mortgage.
Adding a co-borrower requires refinancing.
If you want to add a co-borrower to your mortgage loan, it's not as easy as calling your mortgage company and asking. You can't add a co-borrower without refinancing your mortgage. It allows you to change the terms of your home loan and add or remove names from mortgages.
Most of the time, if you inherit the house and you are named as a co-borrower on the mortgage, then you will also inherit the mortgage. In most states, you must notify the lender that your spouse has passed away. Other than this notice, you don't have to take any action.
What Happens If Your Spouse Is Not On the Mortgage. If your spouse is not on the mortgage, they are not responsible for paying it. However, the mortgage lender can foreclose on the house if the mortgage is not paid.
To assume a mortgage, your lender has to give you the green light. That means meeting the same requirements that you'd need to meet for a typical mortgage, such as having a good enough credit score and a low DTI ratio.
Buyers can benefit from lower interest rates, easier qualification, and lower closing costs, while sellers can attract more potential buyers and sell their homes more quickly. However, there are also some drawbacks to consider, such as limited selection for buyers, higher purchase prices, and limited negotiating power.
You Pay the Seller Instead of Making a Down Payment
When you assume a loan, you do not have to make a down payment. Instead, you pay the seller compensation for the equity they have built in the home, or the difference between their mortgage balance and what the home is worth.
You'll be asked to provide extensive documentation, much like you would when securing financing the traditional way. That's why it's important to have copies of pay stubs and W-2's ready ahead of time. Keep in mind that the average loan assumption takes anywhere from 45-90 days to complete.
What Does It Mean If Your Name Is Not on the Deed? If your name isn't on the deed, you're not the legal owner. However, in a divorce, the court looks at the contribution of both spouses to the marriage, which includes non-financial contributions, when dividing assets.
Social Security survivors benefits are paid to widows, widowers, and dependents of eligible workers. This benefit is particularly important for young families with children.
In a community property state — let's say California — your ownership rights are automatic for a house acquired during your marriage. Your home is equally shared between you, fifty-fifty — no matter how it's titled.
Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.
Name Not On Mortgage But On The Deed A person's name may appear on a deed without being on a mortgage. But, doing so entails ownership risks since the title has potential encumbrances and liens. Having a free and clear title means the owner is the only person with rights to the property.