If anyone reads this post I am answering it myself for the benefit of others.
I spoke with my attorney and this was the summary of the conversation which included other questions. It seems like such a minor action to take, switching mortgages...
1. Both parties cannot use the same attorney. It's unethical and illegal. If my husband would like to retain an attorney or represent himself he can do so without the input of my attorney whom of which would not have my husband's best interests at heart. My attorney also will not speak directly to my husband but will communicate with written documentation.
2. My husband is purchasing a house before we are divorced (so he has somewhere to live). He wanted to change "our" current mortgage (which lists both of us) to an "interest only loan" so that he can take the difference and apply that to his new mortgage. Essentially so that he can afford both mortgages. Unfortunately my shared mortgage would only be paying the interest and NO principle. Which says to me that he cannot afford both house mortgages and I cannot afford my home on my own, cause of concern, yes. My attorney's comment was that my husband is on step 7 of the divorce without being on step 1. My husband and I have no written contract or financial agreements as of yet and my husband wants me to sign to change the mortgage. Will I be able to refinance on my own later? What will I receive in alimony? Will my husband still need to be on my mortgage? All questions that I have no answers to...so NO I do not change my current mortgage to a interest only based loan.
3. I do not change anything without written documentation that my attorney has looked over. I want to believe that my "husband" has my best interests at heart but I have to remember that I am getting a divorce for many reasons.
Really glad you went and got good advice. What he was trying to do was obnoxious and would have been totally taking advatange of you. Good for you for seeking help and protecting your interests!!!
PA: My ex, on the day the divorce went into court, (it was not final on that day, there is a 90 day waiting period) wanted to buy a house, he later lost his fifth job, and a man called wanting to check my credit and stated we were still married (which I knew). My ex acted like I was to be doing him a favor. The divorce papers he had served me with were quite brutal. I e-mailed my Lawyer "help needed!". She wrote back "YOU ARE TO HAVE NOTHING TO DO WITH THE BUYING OF THIS HOUSE". It seems like your soon to be ex is trying to take advantage of you like the other poster said. You are separated. Everything you do should be "separate" from the other, not together. My ex was ordered to pay alimony and got an apartment after both Lawyers kicked him out. He later bought a house on his own when I was able to get off the alimony. I am glad you got a Lawyer and are not signing anything without them looking it over. Things like alimony are handled by the Lawyer and based on many factors including the laws in your State. One step at a time.
Thank you for your posts your comments are very very helpful.
Again tonight he wants me to sign the paperwork to have the mortgage changed and said that I didn't realize how much he needs this done this week so he can buy a new house. I said that I wasn't signing anything and that I may not be refinanced (in my name only) when we are legally divorced. He replied nothing will change and he will be on my mortgage still...what is he thinking? He says these things so casually it makes me feel crazy.
I should mention that he is somewhat of a narcissist...not kidding. Like NPD.