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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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My ex-husband is refusing to sign a cosigner release form to

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My ex-husband is refusing to sign a cosigner release form to remove me from his student loans. I am wondering what my options are. The student loan company emailed him the form, didn't seem to have problems with it...
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, was he required to sign this release based on your divorce settlement agreement? Is there an order demanding that he comply with this?
Customer: replied 1 year ago.

No, when we did our divorce settlement, it was amicable and I trusted (naively) that he'd just do this for me. Now, however, he is not willing to do so (I'm trying to buy a house and it's preventing me from getting a loan). He's been paying them himself, but he wants the control over my life. There is really no financial reason for him not to - he's been paying them from his own account for over a year now.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Jess. I appreciate the additional details.

Ugh, I am very sorry to hear that, truly. Legally without a court order in place you really cannot compel him to give up this control, even if arguably that has absolutely no benefit to him other than to make your life difficult. An outside shot here may be, and I must again state that this is a bit of an outside shot, would be for you to consider taking him back to court by filing a motion for 'clarification', which is essentially a request for the judge to reword the divorce decree and possibly find this clause in the language. If there is nothing written there, however, it is tough to demand the change as your ex's consent is a requirement. I am sorry, truly, but you have no real option but to try to convince him to give this up or try to get the courts involved. There is no real means of getting this done without some sort of court order or language that can be read to mean that he would be required to provide you with such a waiver.

I am sorry.

Customer: replied 1 year ago.

How would I go about filing a motion for clarification? There is some language in there that is vague, regarding us dividing up our property and financial obligations. The divorce decree is issued in Alabama, but I am a Utah resident (he is an AL resident). Thank you!

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Jess.

Great, that may give you a glimmer of a chance. You would need to file this in the state that granted the divorce regardless of where you are located or where your ex resides. So if you were divorced in Alabama, AL courts would need to decide and evaluate this language for you. There is no form for this motion but you can contact the county courthouse that issued the order and contact their law library. The law librarian will be able to provide you with a template that you could utilize and modify for your own needs. That service is generally free, you may end up having to pay for just a copy cost of the template.

Hope that helps!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38601
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.