My husband is purchasing a second home. The mortgage papers will read, his name married to my name. Does that mean if he should die or not pay the mortgage I am responsible for it.
Answer
You will be responsible if you agree to be responsible. You do that by signing your name on the note.
Answer
If you are not a party to the Note (Promissory Note), then you would not be responsible to pay the loan from your funds. His estate would remain responsible, so it may impact what you could otherwise inherit from his separate property, if anything.
You are being asked to sign the Mortgage, not the Note. You are doing so to avoid any concern the lender would have about you acquiring rights in the property as spouse, rights that would prevent a clean foreclosure should the need ever arise.
Your husband's closing attorney should go over all this with the two of you. If you are unsure, hire a real estate attorney to review the situation.
Answer
I agree with the others with one exception: if this becomes the FAMILY home, Illinois holds that housing for the family is a family expense and regardless who signs the papers both husband and wife can be held liable to creditors for family expenses.
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