Forgot to mention. Do not sign a quit claim deed if the new bank request this from you for the new mortgage in his name only. This would be like you giving him half of your home.
Without your signature, if your name is on the deed, the home is still half yours unless there is a court order stating differently or unless you sign your rights away.

I haven't signed anything and the deed is in both of our names. SO if he tries to refinance in his own name that would be good for me cause he would owe the mortgage and I would still own half the home? if he doesnt refinance and the home forecloses its on my credit too, but if he does refinance and then forecloses on the loan then it is not on my credit? what does taking me off the mortgage do to my credit? It is already shot because of non payment for so long. I am renting now (which i had a hard enough time getting a place because of the not so good credit and the fact that i only work 5 months out of the year). It sucks cause i was the one who built our credit up so that we could buy a home and then another one. yeah he made the money but he would have spent it all if i didnt control the bills. He yells at me that we are going to lose the house he worked so hard for, like i didnt do anything. I have a bad feeling that he is just gonna stay there with his roommates, collect money from them, until it forecloses, then he will have money saved to get his own place. SOB is in arrears almost 10,000.

If he can get a bank to refinance the home in his name only and you do not have to sign anything, yes this is great, almost too good to be true. He will owe and you will own half and owe nothing. Like I said in my earlier post most banks will not allow someone to be so stupid.
If he does get financed then if it forcloses it is on his credit not yours. If the current mortgage forecloses it is on your credit and his also. The sooner it forecloses the sooner you can start to build up your credit again without him. If he so chooses to collect rent on a home that he is not paying the payments on this is his choice, why are you not living in the home if it belongs to you? Court order?

I did live there for over a year without him. I recently left with the kids in august because i couldnt afford to pay the mortgage and was afraid it would foreclose and we would have no where to go. Plus he would drop in whenever he felt like it to annoy me and he was living with his aunt in which he said the kids could not come stay with him. I figured if he moved back in the house, he could finally spend some time with the kids and he can rent the rooms out to pay the mortgage or put it up for sale. I did not want to try and sell it while i was living there, hate the thought of people walking through my house. I asked him last night if he was doing anything with the house, he said he is trying to get the mortgage lowered, and if not he was gonna let it foreclose. I guess it might have been better for me to have stayed there and tried to get the mortgage down myself, but i dont think it would have gone down enough for me to afford it, especially since he isnt paying full support. I was miserable there, his whole family lives in that town (he grew up there) i just felt so out of place, and felt like i couldnt move on there. It was a difficult heart wrenching decision, but i made it now and have to deal with what happens next.