Actions for Those That Inherit a Mortgage

A child cosigns a mortgage for their aging parent. A person signs a mortgage with their spouse. What happens when one of the people on a mortgage dies, leaving the other solely with legal responsibility?

When a person passes away, there are many plans to make regarding the belongings that are left behind. But when one of these is a mortgage, is there anything that can be done to help with the debt? Most of this depends on who left the mortgage behind. Normally, with a deceased spouse, responsibility and ownership passes to the remaining party. Unless the spouse has a life insurance policy that covers the remainder of a mortgage, the living spouse now is responsible for the remainder of the loan.

If the deceased is a parent, however, the situation could get a little trickier. If the property was left to a party other than the surviving mortgage holder, they are legally responsible for the debt, and the property may have to be refinanced into the inheriting party�s name. If a will makes no mention of the property, then the surviving mortgage holder is responsible for the remainder of the mortgage. If there is no will for the deceased, a court will determine what happens to the property.