Legal Question in Consumer Law in California

My hubby co-signed for a car loan and the loan was for 6 years but the balance is much higher than what it should be. Co-signer started making late pmts after 4 years of paying and we had to take the car and made 3 payments so far. The other signer didn't have insurance for a while and the bank added $4,000 for not having insurance for about 9 mos. We never had access to the car in that 4 year period and we didn't even know the car didn't have insurance. The original bank was Wachovia and was bought by Wells Fargo Dealer Services many times to give us the note or whatever my husband is signed but they always say they sent it but nothing came in. I even sent them a certified letter but nothing We are trying to find what rights we have and should we pay them and how can we get the car in our name. I know we need to refinance but how do I make sure the other signers name is not on the title when I pay off the old lender.


Asked on 1/28/11, 3:16 pm

1 Answer from Attorneys
Stephen Barnes Barnes Law Firm

You can ask the other party to sign a partition agreement, meaning they relinquish any right to the property. You could then re-finance the property in your name only, essentially a sale of the car from both parties to just you.

If the other party does not agree to relinquish rights in the car you may need to file an action for partition. You are essentially asking the judge to severe your relationship by court order.

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Answered on 6/09/11, 3:35 pm


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