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


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.

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