Legal Question in Consumer Law in Illinois

My boyfriend at the time needed a new car so i co-signed for it. I came to find out that i was actually listed as the primary owner and HIM the co-signer. I want to know what are my legal rights to the car as in taking possession. He is currently driving it. He is now an EX and i am trying to figure out what is the easiest course of action. to either reclaim the car or get my name off of the title. If i take my name off of the title, how do i do this? must he be present? He has threatened me if i don't turn over the title too him. i'm at a loss.


Asked on 2/28/13, 10:23 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

You are talking about two different things here: ownership and debt. It makes no difference who is listed as "primary" or "co-signer" on the debt. You both owe the money, and the bank can come after either one of you or both of you if payments are not being made.

Since you indicate that this delightful young man has threatened you if you do not turn over the title, that would lead me to believe that you have the title, and therefore the loan is paid, so any co-signer or primary borrower references are irrelevant at this point.

The other component is ownership. Most likely you are both co-owners if both of your names appear on the title--no primary, or secondary, or co-anything--just two owners. If that is the case, the two of your should sit down are rationally determine who contributed how much to the payments, perhaps with the assistance of a mediator. In other words, if you paid all of the payments, the car should be your property. If the two of you paid equal amounts, perhaps one could buy out the other based on the current value. If that does not work, one of you might need to file a lawsuit to determine how to resolve your dispute.

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Answered on 2/28/13, 11:30 am


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