He is still on the loan but he wants to me to remove him, I don't want to sell the home yet just refiance in. In decree is show I am responsible for the home, but it doesn't state I have to remove him. He is threatening to take me to court over this.
He cannot force a third party creditor to give you credit.
He can take you back to court and demand that a judge "force" you get get a new loan. But a judge cannot make a creditor give you a new loan. A judge will be glad to inform him of that fact. I'm sure a competent attorney will inform him of that fact. He' s just angry because he's learned that he cannot purchase a new residence because the current loan is showing up on his credit and impacting his ability to purchase anything new.
On the other hand, you cannot make him participate on a re-finance.
So you are probably stuck with the current loan you have - even if the interest rate is high.
If you cannot refinance it alone, then you are stuck with the loan that you currently have in place.
You can certainly talk to a real estate attorney about your problem and see if they have any suggestions. Look on this website for a real estate attorney. It's worth your peace of mind.
This is exactly why I don't like people continuing to own a home after the divorce. It goes along smoothly for a couple of years, but then it "blows up" when the other ex tries to buy a new home.
You can call the mortgage company and ask them to remove him. I'm 99% they won't. But you can call and ask. Get written proof of their refusal.
Good luck! Merry Christmas!
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2 lawyers agree
Chapter 7 Bankruptcy Attorney
I try not to predict what a family court judge will do unless I am thoroughly aware of the circumstances of the entire case. If you were represented during your divorce, I would ask your divorce attorney. Issues of debt between spouses generally are handled by the divorce court that issued a decision about the division of debt, not under the typical laws of debt collection. Hope this perspective helps!
1 lawyer agrees
Family Law Attorney
Fran's response was 100% correct.
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