Legal Question in Real Estate Law in California

He might be able to refinance it without your signature, but it is very unlikely that a lender would loan on that basis. If he did, though, it would only benefit you by leaving you with partial ownership while relieving you of the debt obligation. He also theoretically could record the judgement and try to sell it without your signature, but again, the likelihood of any buyer buying, lender funding, or title company insuring the transaction is incredibly slim. The proper procedure in your situation is for him to be ordered to refinance and for you to give him a quitclaim deed as part of that transaction, unless for some reason you want to and have grounds to contest the award of the property to him.

I seriously doubt that an institutional lender like a bank would loan money in a refinance agreement without getting your consent or having you sign a deed to your ex-husband.

The preceding two answers are from attorneys who almost always are experts on such matters, so I'm very reluctant to suggest that they might be anything other than 100% correct. However.......

If he has a court judgment giving him full ownership, and takes the judgment or an abstract of the judgment to the county recorder and records it, a title search will show that a court with proper jurisdiction has awarded him full title (or whatever the judgment says).

This would be sufficient evidence of clean, full ownership for some buyers and some lenders, in my opinion. Mr. McCormick was formerly head counsel for a title insurance company, so maybe your better bet is to go with his analysis, but I thought I'd toss my thoughts into the ring, for what they're worth.

If this is his sole and separate property, why did the judge not require him to get your name off the loan? did you discuss this with your attorney.