NSW Remove liability from joint home loan

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MX_XXX

Member
1 July 2020
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Hi

I have separated with my X 2 years ago. We have agreed and settled everything else without a formal Binding Financial Agreement. Just before our separation, we signed a home loan for Opal Tower together. The property title is only under my x's name. After separation, we had a handshake agreement to remove my name from the loan via refinancing within 2 months in July 2018. However, I still cannot take my name off from the loan after 2 years due to a series of issues happed in Opal Tower. All financial institutes do not take any loan applications for Opal Tower in 2019. And recently, new valuation came back for the property is only half of the original contract value. My x should have enough cash or equity (other properties & shars) to proceed with the refinance now. But she refused to do it. She also refused to sign any financial agreement or statutory declaration of any kind to declare the liability and provide a settlement date. Can I proceed with a court order to enforce this happening?