Anonymous wrote:
Anonymous wrote:Your husband is smarter than you. No way he should move out without a signed separation agreement addressing all financial issues. If he just moves out, it opens him up to being sued for at-fault divorce and getting stuck paying you lifetime alimony.
+1. Plus, I assume that he and you qualified together for the mortgage, which means that his credit is at risk if you don’t pay the mortgage. If I were him, I wouldn’t move out until divorce is signed or there was a written separation agreement. I can understand why he won’t move out. If you can afford to refinance on your own, get a real estate attorney and mortgage broker who can help you do it. Approach STBX and explain what you need from him to refinance - he will have to appear at the settlement on the new mortgage to sign papers closing out old mortgage and transferring title to you. Offer to pay out his share of any equity you two have accumulated by paying down the mortgage or increase in home value. You may have to sweeten the pot by offering him some cash in addition - money to cover moving and deposit in a new apartment
The alternative is a divorce which involves forced sale of the house at whatever loss that represents.