You will need to transfer the deed to him on the property in which he resides, and he will need to transfer the deed to you on your home property. It sounds from your description that this is "subject to the mortgage" that means that the deed is transferred but you both remain on the mortgage. This can be a difficult situation because, as you suggest, you may not be able to refinance to remove your spouse's name from the mortgage (or vice versa). If your spouse defaults on the mortgage for "his" property, if your name remains on that mortgage, the bank will seek to include you in any action (foreclosure). Your spouse remains on your mortgage and is subject to the same problem (if you default, he will likely be pursued for the money).
Once he is off the deed, you can look to refinance this on your own.
Best Regards,
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.MorghanRichardson.com
Tel: 347-746-1675
Fax: 212-574-3337
Answered on Sep 20th, 2011 at 2:51 PM