Legal Question in Consumer Law in Maryland

Release from a co-sign

My boyfriend purchased a Cavalier with his at-the-time girlfriend in March of 2003. Due to the cost of insurance, they title was put in his name, although she made all the payments. When they broke up, the deal was to put the title in her name and give her the car. However, because of the cost of taxes and such, they traded the car in and got a Mazda instead, in her name. In order for her to get it, though, he co-signed the loan. Now he wants to buy a new car for himself, and although his credit is good, he can't because that loan is listed on his credit. Is there any way he can get out of the co-sign, or ''force'' her to refinance? She's also asking for child support from him (they have a son together), and I don't know if that would figure into it or not.


Asked on 10/17/04, 7:55 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Release from a co-sign

I will try to cut to the chase.

If your boyfriend (or anyone, for that matter) co-signs a loan, what they are agreeing to is to be 100% responsible for repayment of that loan to the lender. The other borrower is also 100% responsible. If either does not pay, the other one is responsible for 100%. Among themselves, the two borrowers have claims for contribution, but only as between themselves. I.e. if one borrower pays 100% to the lender, he has a legal claim for 50% from the other borrower.

There is a way he can "get out of" the loan. He could pay it off completely. Or, if the car is sold and there is enough to pay off the loan lien, it will be paid off that way.

Can he "force" his primary girlfriend to refinance the loan? If you mean go to court to get an order from a judge to force her to do so, probably not, although I suppose it's possible. I don't know of any other LEGAL way to "force" someone to do something they do not want to do, voluntarily, by the way.

If your boyfriend has a child, he is legally obligated to pay child support, which will be assessed by the court in a child support proceeding.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/19/04, 10:58 am


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