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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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What happen if a married couple have a mortgage and one of

Resolved Question:

What happen if a married couple have a mortgage and one of the die before the mortgage have finished.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
The first step to do in this case is to study if they contracted an insurance for this case. Often banks forces clients to make this kind of insurance what supose that the insurance company pays the part of the pass away person
Well, if the insurance does not exist, the partner alive has to tell the bank that one of them is died and the bank could ask for another warranties as they have lost one debitor. Honestly most people do not do it and nothing happens. The problem is that when we comunicate that, the bank directly put harder conditions.
So, check ig there is a insurance and if does not exist do nothing.
Please write if you need more help
Thank you
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Are you saying if there is no insurance on the mortgage it is best to leave it and carry on paying the mortgage even though the partner has died. Would I be breaking Spanish law if I do this?
Expert:  José M. replied 1 year ago.
Yes. No fine penalty if you do thatMost people do this wayanother problem is if you want to sell it out but if not there is not a problemThank you
Customer: replied 1 year ago.
Just one more question should I leave the bank account as it is in both names?
Expert:  José M. replied 1 year ago.
No. In no case.
No make any move.
You act as if nothing new happend
Thank you
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