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Co-signer rights under FL law and procedure to take name off of loan ex girlfriend refuses to refinance car in her name only

Asked over 3 years ago - Palm Beach Gardens, FL

My ex-girlfriend and I bought a car together. We financed it through Chase in both of our names. The title is in my name only. We have been broken up for a year and a half and she refuses to refinance the car in her name only. What can I do to either get my name off the financing or take the car from her?

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Attorney answers (3)

Dennis Andrew Chen

Reputation Level 15

Answered over 3 years ago. Landlord / Tenant Lawyer in Orlando, FL.

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You could file a Replevin action to recover the vehicle.

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Guy Piers Coburn

Reputation Level 9

Answered over 3 years ago. Debt / Lending Agreements Lawyer in Saint Petersburg, FL.

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A "replevin" action is where you ask the court to force the other side to give you property that you have a right to possess. If she does not respond to the lawsuit, the Sheriff will assist you to take possession. Since your name is on the title, you have the right to have possession of the car. However, if she decides to contest the case, she could assert that she has some kind of right to the car, and that issue could be brought before the judge. In that case, you might be able to negotiate with her to re-finance the car.

In any event, most cars that are financed have more owed on the car than the car is actually worth. If you are going to refinance or sell the car, you may need to pay the difference between the amount owed on the loan and the actual current value of the car.

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Kevin W. Chern

Reputation Level 11

Answered about 3 years ago. Bankruptcy Attorney in Chicago, IL.

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"Refinance" isn't really the appropriate term here, since one can't refinance what one doesn't own. Your ex-girlfriend would have to obtain financing to (technically) purchase the car from you, since it's in your name only. That may, as some above have mentioned, be difficult to achieve if the loan balance is higher than the value of the car (which is very common). It's possible that she is unable to obtain financing that would pay off the loan balance.

You don't mention whether your ex is making the payments on the car, or whether she's made them on a timely basis. The answers to those questions could have a signficant impact on your rights and liabilities in this situation. If you can't work this out with your ex and feel strongly about getting not carrying this joint loan, you should consult a local attorney who can look at the specifics of your case and explain your options and the ramifications of each.

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