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Does the Estate Pay Half the Mortgage of a Home Kept by the Surviving Spouse

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  • 10-20-2013, 04:54 AM
    gguubb
    Does the Estate Pay Half the Mortgage of a Home Kept by the Surviving Spouse
    My question involves estate proceeding in California
    My spouse recently passed away. The house was jointly owned and goes directly to me outside of probate. All community property will go thru probate as 1/2 will go to his grown children. My question is that there is still debt on the house that was a community debt. Even though it goes to me by right of survivorship, is his estate still liable for 1/2 the balance on the mortgage? I realize that ultimately I will have to pay on it in the end, but do I have the right for reimbursement for 1/2 the balance owed? His estate is quite large. Thanks..
  • 10-21-2013, 08:04 AM
    Mr. Knowitall
    Re: Does the Estate Pay Half the Mortgage of a Home Kept by the Surviving Spouse
    Sorry, you keep the house and the mortgage.
  • 10-21-2013, 08:56 AM
    gguubb
    Re: Does the Estate Pay Half the Mortgage of a Home Kept by the Surviving Spouse
    Thanks for getting back to me.. What about the equity line of credit? Are both estates equally responsible for the balance on that?
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