Can my ex-husband make me refinance my home to remove his name from the loan?

UPDATED: Oct 1, 2022

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Can my ex-husband make me refinance my home to remove his name from the loan?

I was awarded our real property in our divorce. I paid him his equity within 2 years of the divorce by satisfying child support that he already owed at that time. His name is not on the title to the property. The terms of our divorce judgment did not require me to refinance at any time. He now wants me to refinance to remove his name from the loan which I would gladly like to do but my credit was damaged due to him not paying his child support regularly or on time. Also, because he did not pay his share of our debts which caused me to have to file a Chapter 13 in order for me to save the home. So if I wasn’t required to refinance and if I can’t do it right now can he force me to sell the home?

Asked on April 13, 2019 under Family Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If you were not ordered by the court (or agreed, as in a divorce settlement) to refinance and remove him from the loan, you are not required to do so.
2) Being on the loan but not the title gives him no ownership or other rights over the property; not being an owner, he cannot force or compel a sale of the property.

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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