My husband and I are getting a divorce. We own two homes. One is in CO and the other one is in OR and is a rental property. The homes have been financed into one mortgage. My husband is keeping the houses and funds have been allocated to me in other ways. The CO home has a lot of meaning to us...our daughter passed away five years ago and he added onto the home by himself for our family. I really do not want him to sell the Colorado house. I have no desire to possess it...I'd like to start over and remember my daughter in a new way. However, I want to be removed from the loan and my lawyer has made this clear that this needs to happen. I'd like to be free of the mortgage so that I can buy my own house one day. I'm a teacher and cannot afford to be on the loan for his homes. My husband insists that he cannot refinance and even if he can, he refuses to because it will increase his mortgage payment which he says he cannot afford to pay. I talked to a mortgage broker and he said that it's possible, but will be complicated and tricky because my husband just took a new job with a drastic pay cut and his debt to income ration has changed. Also, having two homes on one mortgage is very difficult to work with. The broker said there is a 95 chance that a refinance can happen. My husband has excellent credit, no debt except for the homes and has good financial history. Fast forward...my husband thinks that we can write in our divorce agreement that if he defaults on his mortgage debt, I will not be forced to pay it and will be given the OR house as collateral. It will be written that if when I want to buy a house, I will not be liable for the debt because this clause will absolve me of it. I told him that this will not work and the mortgage company will not honor this. They have a process to remove someone from a loan and it usually involves selling, refinancing or assuming. He has no basis in this idea except the fact that 'a contract is a contract.' My lawyer told him this as well, but he thinks she's lying. Do you have any ideas about this? We are at a standstill now and things are getting ugly.