Posted by John Merchant on September 17, 2010 at 11:02:43:
Two questions to be answered are first your liability on the note and your ownership of the house.
On the note, if you did NOT sign it, then no, you are not personally liable on that note.
Now of course, as it appears you do understand (but maybe don’t like?)is the fact that if nobody pays that note of your deceased domestic partner, the bank will foreclose on its mortgage.
Just because its debtor dies is no reason to think that bank is not entitled to take back its security as they are entitled to be paid as per its note.
Second issue you have to answer some time is how good your title is and what, if anything you need to do to give you the right to sell it if/when you want.
It would be good idea for you to go pay some Elder Law lawyer for his advice on how to get the house into your name so you CAN sell when you want; putting this off doesn’t make the problem go away. In fact it just makes the problem more difficult as years pass.