My husband is insisting on paying the enire mortgage after I move out and is releasing me from my fiduciary duty to pay on the note. This feels wrong.

The agreement needs to stipulate that he will refinance the loan into his sole name.  Otherwise, you are right to be nervous because your credit is completely dependent on him paying the mortgage on time.  If he is even late with a payment, that is going to show up on YOUR credit report, not just his.  You are still ultimately liable to the bank if he falls behind, if the house falls into foreclosure, or if he sells it at a loss.  If he is unable to refinance by himself, then he probably cannot afford the house on his own and it should be sold.  In any event, there need to be clear consequences spelled out in the agreement of what happens if he gets behind on payments or is unable to refinance within a certain period of time.  Ultimately, the house should either come back to you or be sold. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.