If I have a home loan that still has my ex-wife’s name on the loan and I do not have a will, would my current wife be entitled to the house if I died?
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If I have a home loan that still has my ex-wife’s name on the loan and I do not have a will, would my current wife be entitled to the house if I died?
Asked on June 11, 2012 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is not a "yes" or "no" question to answer. Your currect wife would be entitled to share in your estate and the house is part of the estate. Now, if her name is on the deed with rights of survivorship it would pass to her automatically upon death and not though your estate. But the issue with the bank is tricky because your ex is still on the loan. Your ex has no legal interest but rather an obligation to pay. My concern is the bank's ability to call in the loan. Generally when a person inherits a house they can continue to pay on the loan with out that happening (it is an exception to the rule). The divorce agreements, however, comes in to play as to your responsibility to get her name off. Your estate would have that responsibility as well. Please speak with an attorney in your area. Good luck.
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