Originally Posted by
redatlanta 
I agree with shootingstar1 tis best to untangle it all. If he has an attorney with a lick of sense he will be advised to get his name off the mortgage anyway.
As long as his name is on it you are open to having to deal with his BS - for instance if he decides to buy another house or applies for a loan for whatever reason his credit report is going to show an obligation that might preclude him from being able to get a loan in the amount he wants. Then you have to deal with re-negociation or raging phone calls and the like.
If at anytime he files Bankruptcy and your names are locked together on a mortgage you are going to have some problems. Contracts supersede divorce decrees. It may be a very unlikely scenario for you to imagine but it happens all…the…time. When I worked in Bankruptcy and Foreclosure I had to deal with tearful hysterical ex-spouses that were being dragged into their former spouses financial BS inclusive of the bankruptcy Trustee looking at the equity in a house that the Bankruptor was no longer living in, maybe for 10 years plus, but was still on the mortgage.
The only way I would do it if I were you would be if he would quit-claim his interest in the house back to you.
Yeah, I thought about having him sign a quit claim on the deed. I doubt he'd be open to it. I am currently fixing things around the house, including remodeling our pool which took a beating when it was a foreclosure a few years ago (before we bought it) so that I can improve the resale value on the home and so that it can sell faster with a remodeled pool. AH didn't want to spend the money but he must have known deep down that I was right because he finally agreed to spending the 10K on it. I think he knows we won't get a good offer if the show piece of our yard looks like crap, LOL.
I know there's a chance that I will have to sell the house ASAP so I am trying to take care of the little things around here and that's why I got the storage rental. And, yes, if he were to go buy a home of his own,this mortgage would show as a debt and would affect his credit rating. Currently, we both have close to an 800 credit score and I know he prides himself in his credit rating.
I personally can't see him filing for bankruptcy, especially since he's due to get his family inheritance next year which will be a decent amount of money. If anything, I can see that I might have to file for bankruptcy if I don't budget properly or if I can't find work eventually! Either way, it wouldn't be good for either of us to stay tied to each other for long. That's why the lawyer told me we'd probably have an agreement that I would sell the house within a certain period of time, usually 1 year. Believe me, i want to get on with my life and if that means I have to move, so be it!