Can I take my ex husband back to court, to get my name off of his house loan?

UPDATED: Oct 1, 2022

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Can I take my ex husband back to court, to get my name off of his house loan?

Long story short, I want to buy another
house, but he won’t refinance his and get
my name off of the loan so that I can. He
doesn’t want to go get a job

Asked on March 15, 2019 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was an order, decree, or settlement in your divorce requiring him to refinance and remove you from the loan, you can enforce that order, decree or settlement in court; he can be punished by the court if he will not do what is required by it. If it was an order or decree issued by a judge, you would file a motion in family court, under the name and docket number of the case, to enforce what the court has already ordered. If there was a voluntary settlement between the two of you, you would file a lawsuit against him for "breach of contract" for violating the terms of the agreement. 
If there is order, decree, or settlement requiring him to refinance, however, you can't make him do this: an oral promise to refinance which is not part of a written settlement or which was not ordered by a court is not enforceable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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