Can I take my ex husband back to court, to get my name off of his house loan?
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Can I take my ex husband back to court, to get my name off of his house loan?
Long story short, I want to buy another
house, but he won’t refinance his and get
my name off of the loan so that I can. He
doesn’t want to go get a job
Asked on March 15, 2019 under Family Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there was an order, decree, or settlement in your divorce requiring him to refinance and remove you from the loan, you can enforce that order, decree or settlement in court; he can be punished by the court if he will not do what is required by it. If it was an order or decree issued by a judge, you would file a motion in family court, under the name and docket number of the case, to enforce what the court has already ordered. If there was a voluntary settlement between the two of you, you would file a lawsuit against him for "breach of contract" for violating the terms of the agreement.
If there is order, decree, or settlement requiring him to refinance, however, you can't make him do this: an oral promise to refinance which is not part of a written settlement or which was not ordered by a court is not enforceable.
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