Real Estate

I'm guessing that when you say "the mortgage is in both [your] names," you mean that you both are obligated on the loan with which you bought the house, and that both of your names are also listed as beneficial owners on the deed of trust.

If that's the case, it's unlikely that he can "throw you out" without obtaining some sort of court order. You probably are "joint tenants," and each of you is entitled to enjoy possession of the entire house in whatever way you wish (so long as you're not interfering with the other's right to also enjoy possession). But that's not exactly what you asked about, so I won't volunteer more about that.

In the process of refinancing the house, someone -- presumably a company willing to offer a new mortgage loan -- has to pay off the old loan in full. When that's done, then you and your boyfriend would become, at that moment, co-owners of the house outright, without it being subject to any mortgage. You would have, at least for that moment, formal legal title, and not just the "equitable title" that you have via the deed of trust (whereby a trustee is holding the formal legal title until your mortgage is paid off).

That being the case, your boyfriend can't just yank your interest away from you and re-subject it to a new mortgage that only he has agreed to.

In other words, even if he were to find some way to pay off the old mortgage, that doesn't eliminate your rights to the property. (It might, though, eliminate your obligation to keep paying on the mortgage, which would be pretty cool for you, but don't hold your breath, because he probably doesn't have the money to do that, and no new mortgage company is going to do a refinance without your being involved because they can't get a good deed of trust for the whole property).

So the short answer to your question, as you probably expected and hoped, is: "No, based on what you've said here, he can't refinance the home in only his name."