As long as it is written into your divorce he can not. I really would try to use this as a tool to keep the VA loan...at least temporarily.
I had a friend just go through this. He is required to "attempt" to refinance every 6 months with no money down. She was required to sign the quit claim before the divorce was final.
Your attorney does not seem well educated in military divorces. You have a lot of things that can play into your favor in an effort to keep the home. If there is only $5,000 equity and a LOSS if you sell I wouldn't be taking any of the debt if he is making you refinance.
Is he still living in the home? Has he contributed to the debt payments since separating? Are you in a community property state? How long were you married? In a community property state you can actually go after his retirement for whatever the percentage of the time you were with him.
Are these things I think you should take? No. But I think you should use them to your benefit in the divorce.
Sorry I just can't stand attorneys that don't give quality service to their clients.
As long as it is written into the divorce that you are to make all payments and you will retain all equity...while making an attempt every 6 months to refinance he can not ever come back for half the equity.
If he says no...then tell him you don't want the house. He will change his tune quickly...especially if he has no immediate use for a VA loan.
