My non spouse ex and I broke up and can't sell our property because it is under water.

I am living there, and plan to hold onto it, whether living there or renting it out, until some value returns.

She pays nothing on the mortgage, but we cannot simply remove her name without refinancing. However, we cannot refinance as we are under water. I looked into the Gov't Home Affordable HARP program to allow me to refinance above 100% LTV, but that requires the SAME people to be on the new mortgage, which doesn't help me.

So, right now, we continue to both be on the mortgage.

I am thinking we need to get a contract to make sure she doesn't lay claim to any profits if/when I sell, and she also wants a contract to keep her safe in case I default.

So, does a contract make sense? Can a contract be used like this in addition to the contract of the mortgage itself? Should I remove her name from the deed?

I have looked at many options and not sure what route is best to take.

Any help is greatly appreciated!

BTW I am in New Hampshire. And she cannot afford to bring $ to the table to sell the place at a loss so that is out of the question, as is a short sale.

Have you spoke with a refinancing company yet about the issues regarding the names on the mortgage? Some companies provide free consults any may be able to steer you down the correct path that you need to take.