ANSWERS: 11
  • No, you do not automatically have legal rights because you are cosigned. You may want to double check the title, many times financial institutions will automatically title in both names, especially with a married couple unless otherwise instructed. Since she's your ex, check your divorce decree. If she is obligated to pay the loan that will give you more legal avenues... however if she never refinanced the loan the bottom line is if you signed, you are responsible in the lenders eyes.
  • Here's my story...we lived in Michigan, my (ex now) hubby wanted to buy a van but wasn't at his job long enough, so his buddy cosigned for him (NEVER cosign for ANYONE!!!!). We moved to Indiana, and my ex stopped making payments, and the bank went after the cosigner. The buddy drove down to Indiana and got the van and turned it over to the bank and they sold it and the buddy didn't get any bad marks on his credit, they just marked it paid off. I don't know if that was the legal way to do things, but the person at the bank said it would be best for the buddy to do it. This was several years ago.
  • If your name is on the loan but it is not on the title, you are legally responsible for the debt with no ownership in the vehicle. Sorry. Unless you were granted ownership to it in the divorce and then you can get her on contempt.
  • This problem should have settled in divorce court. A contract is a contract. if you co-signed, in the beginning for the vehicle and it was not settled in court, you most likely are still also responsible for payments on the vehicle. Only divorce court can settle this problem.
  • If you co-signed on the loan, but you are not on the title, the only thing you have is the responsibility to pay the bills. You have no rights to the car at all. You can sue her to recover payments that you make on her behalf, or include it in the divorce settlement. Get a lawyer.
  • Well, is there any legal action I can take? I'm willing to go get it for the bank if I can find some sort of paperwork giving me legal authority to seize and surrender the vehicle. It's a small town bank, so they're willing to work with me, but my name is not on the title... they checked, so it's theft if I just go take it. She became the ex very shortly before the wedding, so there's no court papers or a divorce... just the fact of me paying for anything that she doesn't. This wouldn't be a big deal if the truck was still in this state and they could reposess it. Am I pretty much buying her a new truck just because she won't pay the note?
  • a local repo business might have a unique, quazi-legal opinion on the whole thing. They see it all the time.
  • OK... I've tried 2 times and it hasn't posted on comments, so let me try doing it as an answer. I apologize if this shows up in duplicate! I contacted an attorney today who gave me 2 fairly solid options: 1. Have him write a letter demanding she surrender the vehicle. I made all the payments from my personal account when we were together and assuming payments now. It proves my financial ability and responsibility. It's a long-shot in court as he says, but might be intimidating enough for her to sign it over. My situation is unique in dealing with a local bank. They don't report to credit, so I can surrender the vehicle to them and it won't hurt me. If it sells at auction for less than what is owed, I can sue her for the difference. 2. Thanks to the great state of Colorado, I can push the common-law issue and force her to divorce me. We meet all the criteria needed. This would without a doubt clear me of debts that I co-signed on. I do have proof of infidelity, as she married a guy that moved in with us... the marriage took place a few days after she left me. That is a story in itself, but a fact that helps me tremendously. A judge will look at that and more than likely make her responsible for 1/2 the debt we incurred as a couple on top of clearing me of notes I cosigned on. This may be the one time in my life that I am happy to see a relationship end because I was cheated on! These both work for my specific situation and I hope it helps anybody else reading this thread!
  • I'm kind of in the same boat except I'm the 1st owner & loan holder of the vehicle, but my ex co signed & the car is "his". He has the vheicle, I don't want the vehicle, I just don't want to be financially responsible for the vehicle anymore. Does anyone know how to force a vehicle out of your name to the cosigner or I'm I just going to be stuck w/ a $20,000 bill?
  • My situation is a little diff. & i do not have a lawyer to ask. I did not get approved to purchase my vehicle so my "then" fiance applied, & i signed on as a co-borrower. The car is "mine" & I make the payments, it is registered to me, & the insurance is under my name. Does he have a legal right to take it away?
  • You have the right to return the vehicle back to the rightful owners since neither one is paying for it. She's not paying for it so she can't have it. You're not paying for it so you can't have it either.....might save yourself some money to go get it and return it and pay the difference after the auction.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy