What is the name of your state (only U.S. law)? Ohio. I was divorced 8 years ago and signed our house over to my ex with a quit claim deed .However just found out when I went to buy a house that my ex never refinanced the loan and took my name off the loan. I am still legally responsible for that debt so even though I have excellent credit and down payment my debt to income ratio is too high and I was denied. Can I force my ex to refinance? I am not sure he can get the refinance now because he only makes $22k a year and his payments are $1150 a month. How can I get off that loan? Would the courts require him to sell the house if he can't refinance?
Ignoring for the moment the great lapse of time and the equitable doctrine known as "laches", and assuming that the decree did not expressly order the ex to refinance the home in his sole name and thus remove your name from the then existing mortgage loan . . .
The only way you could reopen the case and have the decree appropriately revised would be if the court records and minutes reflect that it was the intention of the court to so order and due to some oversight the decree omitted to include such a provision.
If those conditions were met, the decree could be amended by what is known as a "'nunc pro tunc order". (Latin, meaning something done in the present that should have been done in the past.)
However, because of the lack of timely diligence your part, the likely changes in the ex's circumstances and the resulting prejudice imposed upon him, I seriously doubt that the court would consider a motion for a nunc pro tunc order.
Moreover, there is a practical aspect to consider. And that is the ex's financial condition and borrowing power which appears to be near nil.
So even if he was ordered to refinance the mortgage loan, that doesn't mean it is going to happen. Even a judge can't squeeze water out of a stone.
Perhaps you are now aware that it was foolish of you to have quitclaimed the property over. And if the court was inclined to order the QCD your attorney should have resisted. Had you not quitclaimed, you would now each own the property as cotenants. In which case you would at least have the option of considering forcing a sale by partition.
