What to do if I’m divorced and trying to refinance my home but my ex-husband is refusing to get my name off of his truck loan even though it was ordered by the court?

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What to do if I’m divorced and trying to refinance my home but my ex-husband is refusing to get my name off of his truck loan even though it was ordered by the court?

My credit union won’t let me refinance with the truck on my credit.

Asked on November 12, 2012 under Family Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

If he was ordered to get your name off of his truck loan, then you would need to go back to the court that finalized your divorce and file a motion to enforce that provision.  Before you file the enforcement action, you may want to consider having your family law attorney send a demand letter first with a note that he could be liable for attorneys fees associated with the enforcement.  Sometimes, just the threat of more attorneys fees will be sufficient motivation for him to resolve the loan.  If this doesn't work, then you will have to go forward with the enforcement action to get relief.


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