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.