This problem should have been addressed at the time when you agreed to deed over to your spouse your interest in the house. Not just marital assets must be divided at the time of separation but also the marital debts, of which the mortgage is one. Your attorney should have addressed this issue when you originally agreed to deed over your interest in the house. At this point you remain obligated on the mortgage and the only way that you can have your husband assume the entire mortgage is to go back into court and address the issue with the judge.
I cannot overemphasize the necessity to have proper, legal counsel experienced in matrimonial matters in the jurisdiction in which you file so that such matters will not come back to haunt you after the papers have been filed. Once again, I must reiterate that divorce is too serious a matter to leave to self-help.
Leonard M. Weiner, Esq./Divorce Solutions