Legal Question in Credit and Debt Law in California

Co-Sign Vehicle

I co-signed for a vehicle for my husband. I am now filing for divorce. Can a judge order that my name be removed from the loan? If not, can he order my ex-husband to refinace it/take out another loan to pay it off? I have already spoke to the loan company and they will not remove my name.


Asked on 11/16/07, 5:58 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Co-Sign Vehicle

The judge cannot order the loan company to take your name off the car loan. You are a co-signer on the loan, period. The judge has no legal basis to change the terms of that contractr.

The judge can order your husband to refinance the vehicle in his name or to take full responsibility for the payments.

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Answered on 11/16/07, 6:06 pm
Tina Nia The Law Offices of Tina A. Nia, APLC

Re: Co-Sign Vehicle

No and no. Both spouses are liable for community debts incurred during marriage, regardless of whether or not your name is on the loan.

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Answered on 11/16/07, 10:10 pm


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