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

You could file a Replevin action to recover the vehicle.

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.

"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.

<p>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.