If my home has a mortgage, can I leave my home to my partner by a will? 26 Answers as of October 25, 2013

What will happen to the mortgage?

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Law Office of Thomas C. Phipps | Thomas C Phipps
Your partner will have to continue paying, or sell he house and pay off the motrtgage.
Answer Applies to: Missouri
Replied: 10/25/2013
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
Yes, you can use your will to leave the house to your partner. They would inherit the house with the mortgage still on it. They could then take over the payments, refinance, pay off the mortgage loan, or sell the house.
Answer Applies to: California
Replied: 9/17/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, yes, one may bequeath encumbered (mortgaged) property via one's will. The new owner should be responsible for the liability (mortgage).
Answer Applies to: Maryland
Replied: 9/12/2013
Davis Law SC | D. Nathan Davis
You can leave anything to anyone with one exception. If you are lawfully married, a spouse has a right to inherit part of your property. Children, brothers, sisters or other relatives have no right to inherit anything. If you leave the house to your partner, the mortgage must still be paid or the lender will be able to foreclose on the property. You should consult with an attorney as there are many other issues to consider when deciding what to do your possessions.
Answer Applies to: South Carolina
Replied: 9/12/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Yes, the issue will be if there is a due on sale clause. It may need to be refinanced. Please review your loan documents. In either event you may want to consider the use of a revocable trust to avoids probate. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 9/12/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    Yes, you can leave your home to your partner in a will. If there is a mortgage on the property, your partner will have to assume the mortgage or obtain his own mortgage, or pay it off, in order to transfer title to his/her name.
    Answer Applies to: Ohio
    Replied: 9/12/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Sometimes a mortgage holder will be willing to transfer the mortgage title over to the beneficiary but most of the time, the beneficiary is required to refinance the property under his/her own name.
    Answer Applies to: Nebraska
    Replied: 9/12/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Yes. Your partner will inherit subject to the mortgage. So he or she will need to keep up the payments, or else, sell and pay off the loan through part of the proceeds.
    Answer Applies to: California
    Replied: 9/12/2013
    Attorney At Law | James G. Maguire
    You can leave the home to your partner, but the mortgage goes with it.
    Answer Applies to: Louisiana
    Replied: 9/12/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    Yes, you may leave your home to your partner using a Will, but a living trust is definitely a better approach, as it will avoid the Probate process. The mortgage will pass with the property, and will need to be either paid off or your partner will need to either assume the mortgage (if the lender permits that), or refinance the property with a new lender. If the mortgage cannot be paid or if your partner cannot afford to refinance, then the property will likely need to be sold, but at least your partner will be able to take the net sale proceeds to move to another home.
    Answer Applies to: California
    Replied: 9/12/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Yes, but the mortgage will follow the house.
    Answer Applies to: Texas
    Replied: 9/12/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes you can. The mortgage will need to be paid, either through assumption or refinancing of the home.
    Answer Applies to: Colorado
    Replied: 9/12/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes, you can, and your partner will have to keep paying on the mortgage.
    Answer Applies to: Oregon
    Replied: 9/12/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The mortgage still has to be paid. The mortgage was given because the home is the collateral. Actually, the mortgage company doesn't really care about who owns the property. They are only interested in the loan being paid. Your partner probably can make arrangements to pay the loan off if it becomes necessary.
    Answer Applies to: Florida
    Replied: 9/12/2013
    James Law Group
    James Law Group | Christine James
    Yes but the gift will be subject to the mortgage so your partner will have to pay it or sell.
    Answer Applies to: California
    Replied: 9/12/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Yes but it will still be subject to the mortgage.
    Answer Applies to: California
    Replied: 9/12/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The mortgage will have to be paid. Your partner would have to contact the lender to see if the loan is assumable, if not, would have to qualify for the loan, or continue to make the regular payments.
    Answer Applies to: California
    Replied: 9/12/2013
    Frederick & Frederick PLC | James P Frederick
    Yes, you can do this. Nothing happens to the mortgage. It needs to continue to be paid, or the lender can foreclose. You can only give the title that you have, which is subject to the mortgage lien.
    Answer Applies to: Michigan
    Replied: 9/12/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, but the mortgage will stay with the house.
    Answer Applies to: Michigan
    Replied: 9/12/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can give away any property by will to anyone you want. That person takes the property subject to the mortgage which will still need to be paid, or if the lender will not allow the loan to be assumed, to be refinanced, paid off or the property sold and the loan paid.
    Answer Applies to: California
    Replied: 9/12/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, you leave it to your partner and your partner will have to finish making the payments.
    Answer Applies to: Idaho
    Replied: 9/12/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Your partner gets the home subject to the mortgage.
    Answer Applies to: Missouri
    Replied: 9/12/2013
    Gates' Law, PLLC | Thomas E. Gates
    You can leave the house to your partner by will. The underlying mortgage remains do and would need to be paid. The bank cannot call the loan early, so your partner would not need to refinance the loan if he wishes not to.
    Answer Applies to: Washington
    Replied: 9/12/2013
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    If the house is solely in your name, yes, you may leave it to anyone by will. If it is in your name and another person's name, what happens on your death depends on whether the title is held in joint tenancy or as tenants in common. If in joint tenancy, the other joint tenant(s) get your share automatically and your will is ineffective. If as tenants in common your share can pass by will and your partner becomes a tenant in common with the other owner(s). In any case the mortgage remains on the property and the owner(s) have to pay it.
    Answer Applies to: Utah
    Replied: 9/12/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes you can leave the home to your partner, but the mortgage will have to be paid by the partner, and partner will have to file a petition into probate court to obtain title in his name.
    Answer Applies to: California
    Replied: 9/12/2013
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Yes, you can leave the home to your partner, but the loan secured by the mortgage will need to be paid (probably, paid in full in fairly short order) otherwise the lender will foreclose the mortgage.
    Answer Applies to: Michigan
    Replied: 9/12/2013
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