Legal Question in Credit and Debt Law in California

car loan

I co-signed a car loan with my ex- at the time we were together- so both of our names are on the car and the car loan- I want him to re-finance it in his own name, and he said he won't becuase he doesn't want a higher rate. He is making the payments and has possession of the car. I want my name off of it so I can repair my credit, but how do I take my name off if he won't re-finance it in his own name? What can I do since he isn't cooperating? I don't want to worry about him missing a payment and then having it count against me. Please let me know what I can do. I live in California.


Asked on 11/10/08, 5:27 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: car loan

Unfortunately, there is not much you can do. When you co-signed with your ex, you entered into a contract with the lender. The lender does not have to re-write the loan simply because you are no longer together with your ex.

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Answered on 11/10/08, 5:39 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: car loan

If your name is on title you have the right to sell the car. You could go to small claims court for assistance if ex doesn't agree with you--at least I think you can.

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Answered on 11/10/08, 8:34 pm


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