Home Ownership / Title Question

[SandEagle]

A friend of mine had bought a home years ago with his wife. The home is under her name and the mortgage is under his. She recently passed away and he's not sure what to do. The title company says he needs to go to court and fill out proper paperwork, whatever that may be. They didn't provide any other details.

Is this the right approach? Court? Or is there a way to work this out with the mortgage company/title company?

 

[sixone]

If he lives in a community property state, going to court is just a formality. A lawyer can get the paperwork filed and in front of a judge fairly quickly.

 

[SandEagle]

Originally posted by: sixone
If he lives in a community property state, going to court is just a formality. A lawyer can get the paperwork filed and in front of a judge fairly quickly.

thanks. he was hoping to avoid using a lawyer but this may be the best/easiest way to get things done. he's in ohio, which is not a community property state.

 

[caddlad]

Originally posted by: sixone
A lawyer can get the paperwork filed and in front of a judge fairly quickly.

This.

 

[MotionMan]

Originally posted by: SandEagle
A friend of mine had bought a home years ago with his wife. The home is under her name and the mortgage is under his.

How in the world did the mortgage company allow that to happen? In other words, unless you have seen the actual paperwork on the title and the mortgage, doubt this is the whole or correct story.

In any event, if there are any issues because of your friend's wife's death, it will cost him a lot less in the long run to get a lawyer to do everything right the first time (especially since there are not a lot of second chances in these situations).

MotionMan

 

[axelfox]

Originally posted by: MotionMan

Originally posted by: SandEagle
A friend of mine had bought a home years ago with his wife. The home is under her name and the mortgage is under his.

How in the world did the mortgage company allow that to happen? In other words, unless you have seen the actual paperwork on the title and the mortgage, doubt this is the whole or correct story.

In any event, if there are any issues because of your friend's wife's death, it will cost him a lot less in the long run to get a lawyer to do everything right the first time (especially since there are not a lot of second chances in these situations).

MotionMan

Ditto. Check how the house was held (joint tenant, tenants in common, etc)