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  1. #1
    Join Date
    Oct 2013
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    25

    Default 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..

  2. #2
    Join Date
    Sep 2005
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    98,846

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

    Sorry, you keep the house and the mortgage.

  3. #3
    Join Date
    Oct 2013
    Posts
    25

    Default 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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