I beg to differ C2 but you are thinking clearly. These WAW's made a move away from their kids. They made that choice not to live under the same roof with them. While it's true that some men teeter between giving up one life for another, when they're ready believe me it will happen. They seem to have their own timeline. I can't remember if Michele was the one who said it in her book, but I truly believe that some people have to get the divorce to ever work through this.
Anyway, any lawyer who is worth anything will not only make sure that the house is worth the price that you've negotiated but will also take all of the fees that you would be responsible for off the top. If paying all debt off from that money is the agreement then there will be a court order in place to protect you. Also, they would make sure that a quit claim was in place by the time you refinanced and the bank would want that as well. My bank wouldn't even do a refi in my name alone unless I had a signed quitclaim at the closing. They do this all of the time but so do mediators. The must important thing in any of this is to make sure that you find someone who will work for you while making sure everything is backed up by a court order.