bad separation agreement how do I really get my husband off the house

My husband and I are separated and in our agreement he "signed" the house over to me-- Forfieting any proceeds when the house is sold. However, he is still on the deed. I thought that this only obligates him if i default on the mortgage payment. I didn't want to go through the trouble and cost of refinancing to get his name off. He screwed me and claimed the interest on the house on his taxes. Is there a way to get him off legally without refinancing? We live in MD.

[HomeGuru]

No.

To HomeGuru,
Thanks for the reply. I remembered that in my separation agreement we signed the deed over to me. He signed off on the deed and we did a new deed in my name. We did not do a quit claim or refinance. He is still on the mortgage. Is this sufficient to protect me in the future as far as him claiming the interest paid on the house on his taxes? Thanks.

[HomeGuru]

Check again because chances are the property is still in his name if the deed he signed off on was not recorded. He should have signed a Quit Claim Deed to you.

Who is paying for the mortgage? If the mortgage is still in his name, he can claim the interest and the IRS would not know otherwise. You would have to dispute and prove to the IRS that he really did not pay the interest but you did, if that was the case.

Dear HomeGuru,
The new deed is recorded. My attorney said we wouldn't need a quit claim. I talked to a CPA who said that since I have been paying the mortgage that I could claim the interest and we will file my return that way --with a letter pointing out what my husband did. Sounds a little extreme but I suppose necessary. Also, I think just the fact that I live in the house gives me an edge too? Thank you so much for your direction and advice it has helped tremendously.

[HomeGuru]

Happy to be of help.