Rights of a co borrower on a auto loan

Asked about 3 years ago - Corpus Christi, TX

I am a co-borrow with my boyfriend on an auto loan. I traded in my vehicle to get this vehicle and it's only been one month that I've had this vehicle. I have made the 1st payment and insurance on this vehicle as well. We seperated on bad terms and now he's demanding his name off the vehicle. I was approved for refinancing, but I have to come up with a large down payment to refianance, which I don't have. The bank adviced that I wait and pay on the vehicle for 6 months and then refinance. Now the ex boyfriend is threatening and demanding that I take his name off the account. Threatening to take the vehicle away from me as well, as if I have no rights! Please advice.

Attorney answers (1)

  1. Dana L. Manner

    Contributor Level 15

    Answered . First you need to know if the car is titled: "HIS AND HERS" or "HIS OR HERS" This will determine if you can only transfer title with ("AND"), or can transfer title without ("OR") his consent.

    You do not have to refinance the car, and get his name off of the loan, but it is a good idea for him to insist on it, since you have possession of the car.

    You are at risk that if the title is held HIS OR HERS, that he could possibly sell the car out from under you, without your consent, but he would have to pay the loan off at the time of the sale. If that happens, you will have lost the value of your trade in.

    Consult with an attorney or the DMV if you are unsure about your title, and rights.

    I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I... more

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