Legal Question in Credit and Debt Law in California

Ex wants name taken off vehicle contract

My ex co-signed for my vehicle and both our names are on the title (or). I have been making continuous payments for the two years I have had the vehicle. He now wants his name taken off for credit reasons, but I am not able to trade in or refinance at this time being as I owe more than the vehicle is worth. I told him by the end of this year or beginning of next I would trade in the vehicle but that is not soon enough for him. He now says he is ready to get a lawyer, have me served, and take me to court to somehow force his name off the title. Can he do this and force me to refinance or sell?


Asked on 10/10/03, 8:27 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Ex wants name taken off vehicle contract

I can't think of a way for him to force you to take him off the title unless you had agreed to this earlier. Your incentive for doing so would be not having to deal with him any longer, but he'll likely have to wait until you're in a position to do so.

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Answered on 10/13/03, 12:47 pm
Joseph Richardson Borton Petrini LLP

Re: Ex wants name taken off vehicle contract

Unless you somehow agreed to do this beforehand, there is no way he can force you to take him off the title. You may want to consider what you need to happen in order to allow him off title: that is, what is the purpose you need to still have him on title today? If you can answer that question, perhaps you can come to some agreement that allows you to go your separate ways. This would be the most practical thing for all involved.

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Answered on 10/12/03, 5:41 pm


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