Can my ex-husband make me refinance my home to remove his name from the loan?

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Can my ex-husband make me refinance my home to remove his name from the loan?

I was awarded our real property in our divorce. I paid him his equity within 2 years of the divorce by satisfying child support that he already owed at that time. His name is not on the title to the property. The terms of our divorce judgment did not require me to refinance at any time. He now wants me to refinance to remove his name from the loan which I would gladly like to do but my credit was damaged due to him not paying his child support regularly or on time. Also, because he did not pay his share of our debts which caused me to have to file a Chapter 13 in order for me to save the home. So if I wasn’t required to refinance and if I can’t do it right now can he force me to sell the home?

Asked on April 13, 2019 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) If you were not ordered by the court (or agreed, as in a divorce settlement) to refinance and remove him from the loan, you are not required to do so.
2) Being on the loan but not the title gives him no ownership or other rights over the property; not being an owner, he cannot force or compel a sale of the property.


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