What Happens to Property Owned by a Separated Couple if One of Them Dies?

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‘My friend in California is separated from her deceased husband. Her name is on the house but not the loan. The house is in foreclosure but the bank won’t talk to her!’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This is more common than you might imagine. The question is, who is the representative of the estate of the deceased husband? That is the person that the bank will talk to, and if nobody has been appointed
someone needs to be.

If your friend calls the bank and explains that the debtor is deceased (a death certificate will help, here) and that they’re working toward getting someone appointed (if that hasn’t already happened), the bank may be willing to postpone the foreclosure for a time. It’s not a guarantee, but it’s certainly worth a shot.

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Author: House Attorney

A house attorney has answered this question.