at what point am I no longer held responsible for mortgage debt?
The separation agreement gave my wife the house and mortgage responsibility.
is this binding legally? will it be binding after the divorce is final with out the lawyer addressing this?
I went with a no contest divorce.
The agreement is binding upon you and your ex, and is fully enforceable as between the two of you. Divorce will not change the enforceability of the agreement.
But can I be held responsible if she defaults on the loan? Does she have to refinance?
If the agreement specifies that she must refinance then she must, otherwise no. She is responsible for the mortgage as between the two of you. If she defaults on the loan the creditor pay still come after you. Your recourse is to sue her for breach of the Separation Agreement.
Thanks very much Erin
You are most welcome.