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As a surviving spouse, you have the right to inherit a certain amount of your deceased husband's property, regardless of what is written in his will (or if he doesn't have a will). If all his children are also your children (or if he has no children) - you have the right to inherit all his property. If you are the mother of at least one of his children and he also has other children - you have the right to the first $60,000 and 1/3 of the remainder If you are the mother of none of his children - you have the right to the first $20,000 and 1/3 of the remainder. If your share under the distribution shown above is equal to or greater than the appraised value of the home (minus any mortgage or other liens), then you can choose to receive the house. In any case, nothing here is automatic. You have to apply to the probate court and prove the various items.

Someone should actually review the exact circumstances of the mortgage and the deed by which you took your interest in the house; it is possible that the mortgage company screwed up, and you're actually not liable on the mortgage. However, almost always this would be a case of your ex-husband having the mortgage first, and then deeding an interest in the home to you. If that's the case, then you took your interest in the home subject to the mortgage, and therefore the mortgage company could foreclose your interest in the place along with your husband's. You might see if Legal Aid could help you, or if there is a law school nearby they may have a legal clinic where students can look at legal problems. What did your divorce judgment say about the house? It may be important. You can sell the house; you will need to petition for probate, or work with your ex-husband's personal representative. The mortgage balance would be paid in escrow if you sell. If you do not pay, and they foreclose, the time it takes will vary. In practical terms, they can't do it in much less than six months. But work with the lender, you may be able to cut a deal with them to deed the house back (which softens the hit on your credit) and you may be able to arrange for "cash for keys:" they would pay you to be out by a date certain, leaving the place clean and in good condition. The more I think about this the more complicated it seems. Definitely talk to Legal Aid; even if they can't help, they might know of some resources you can turn to. And definitely check into a legal clinic at the law school, if there's one close. Or, call the Oregon Attorney General's office there's all kinds of help for people facing foreclosure, and they may be able to hook you up with some assistance.