Should I move out and not pay my mortgage?

Most family law lawyers will tell you: “never move out of the home unless and until you have a signed agreement dealing at least with the future sale and disposition of the home”. Once you move out, your spouse will have very little incentive to agree to a sale or to accept an offer on the home. You can stop making mortgage payments which will eventually cause the bank to foreclose – but doing that negatively impacts your credit rating and often results in lower offers on the home (as potential purchasers know the bank will agree to less than fair market value to unload the home). You can commence a Divorce proceeding while you continue to share the home and seek orders to recognize your mortgage payments as third party spousal support payments which will then be tax deductible to you (and taxable in the hands of your wife). You can also seek orders to list the home for sale (even if your spouse opposes that).