What can I do if my divorce decree states that my ex-husband would get the motorhome but my name was on the loan papers and he will notrefinance so my name can be taken off?

He is making the payments but this is still causing my credit score to show that I have a loan and that is hurting my chances of getting a home now. Is there any legal action I can do to make him take my name off loan? I have talked to the credit union which holds the loan and they say only if he refinances.

Asked on July 24, 2015 under Family Law, New Mexico


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The divorce decree should have ordered your ex-husband to refinance the loan in his name.  If he has failed to comply with the decree, then you can file a motion to enforce the decree.  If the decree did not require him to refinance, then you may need to seek a clarification from the court as to whether or not the court intended to impose a refinance condition. 

Either way, you will need some assistance from the court.  The loan company will not take you off just because you would like them to... and because they were not a party to the divorce action, they are not required to follow the decree.  However, your ex-husband is subject to the jurisdiction of the court and he can be compelled to comply as a party.

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