How can I enforce our refinance agreement?

UPDATED: Sep 30, 2022

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How can I enforce our refinance agreement?

We got a dissolution 14 months ago.
The agreement states my ex will
refinance his truck loan into his name
only currently only his name is on the
title, but both our names are on the
loan. I don’t think there was a time
frame specified. He has been making
the payments, but I still want my name
off the loan. It’s been 14 months and
he’s been dragging his feet getting it
refinanced. How can I enforce this?

Asked on May 30, 2016 under Family Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only way you can enforce it is by bringing a legal action to both interpret (i.e. the proper time frame; getting a court interpretation of an agreement is called getting a "declaratory judgment") and enforce the agreement. Depending on how, procedurally, prior proceedings (e.g. the dissolution) were left, you either bring a motion in the prior legal matter or file  a new lawsuit to enforce the agreement. You are strongly advised to retain an attorney to help you navigate the procedural rules of doing this, which is more complex than, say, the average small claims case. Unfortunately, you will have to go to court; only courts can enforce agreements.

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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