Is there something less severe than contempt of court in order to get my ex to refinance our home to get me off of the loan?

My ex and I agreed (in the official divorce paperwork) that he had 6 months to get my name off of the home loans which has come and gone. He says he is trying to refinance and might be close but I would like to buy my own place and need to get off of that darn loan. I’m just wondering if there is a form short of contempt of court (which I’m told is quite harsh and only a last resort) that I can file with the courts to enforce the order?

Asked on October 28, 2011 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not really. The bottom line is your ex will need to refinance or you will both need to let the home go into foreclosure. Bottom line, if you do the latter, you will not stand a chance in getting into another place. The point is your ex is having a hard time getting a refinance. Consider whether it may be better for you to take on the property and keep it and have him off the loan. Talk to each other and see if there is a better solution out there. Six months in today's econmic and housing climate is not sufficient, especially if one has income or credit problems. If he has gone from a two to one income home, this will impact the loan as well as how much the home is now appraising for in your state.


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 AttorneyPages.com 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.