Question:
When I divorced, my wife was supposed to refinance the marital home because the house was hers even though my name was still on the loan.
She has yet to refinance the house so I cannot get a loan for anything.
Is there a legal way to get my name off this loan?
Answer:
The first step in determining what your options are is to read the language of the divorce decree.
If the decree explicitly ordered your ex-wife to refinance the mortgage and she did not, she is in contempt and you can file an Application for Contempt with the court. The court would then order her to refinance the mortgage and possibly punish her with a fine and even jail time.
If the decree ordered her to use her best efforts to refinance, you can still seek a contempt citation, but will have to prove that she did not use her best efforts. If the decree is silent as to the refinance, you may not be able to compel her to refinance.
It is in your best interests to seek counsel from a local attorney who practices domestic law in your state, can look at the specific language in the decree, and then advise you as to your best options.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Katherine V. Lewis is an Associate Attorney in the Tulsa, Oklahoma office of Cordell & Cordell where she practices family law exclusively with a focus on men’s divorce. Ms. Lewis is licensed in the state of Oklahoma. Ms. Lewis received her Bachelor of Arts degree in Psychology and a minor in history from the University of Oklahoma. She then continued her education to receive her Juris Doctor from the University of Oklahoma College of Law.
