Silverthorne, CO Divorce Law Firms & Lawyers

The simple answer is that only the lender can remove you from the loan obligation - there is nothing you or anyone other than your husband can do. Generally, lenders will never do that unless and until the other spouse qualifies to refinance the loan in his name alone. Nothing can be done until you file for the divorce, but the divorce court cannot require the lender to remove you from the loan, no matter what your separation agreement or prenup says. Once the divorce proceedings begin, the only thing the court can do in the final settlement is order that the property be sold if your husband can't or won't refinance in a timely manner.

From what you are describing, you would not be able to get an annulment, as the grounds for an annulment are very limited and it needs to happen soon after the marriage (within 6 months or a year depending on the grounds). You will need to get a divorce if you want to marry someone else.

Assuming you are a party to the current loan secured by the house, if the short sale is never completed you will still be responsible. If he is refusing to comply with the court order, he is in contempt and you can ask the court order to sign the papers or face a punishment. It is also possible for the court to appoint someone else to sign the paperwork for him if he refuses to sign. If the court did not designate which party was responsible for the QDRO, it generally is the responsibility of the spouse who needs it to get what was awarded to him.