Legal Question in Civil Litigation in Maryland

My ex girlfriend and I have a vehile we purchased together. We were never married. My name is the primary name on the loan and hers the second. Her name is on the title as well. We split in Oct of 2011 and she has been making payments ever since. On 10/22/2012 she notified me that she cannot make the 10/2012 payment and that from 10/2012 until March of 2013 she would be willing to pay $150 toward the note while I pay the remainder but I will not be driving it. Her plan is to take the money from taxes to purchase another vehicle. She says she talked to a lawyer. The lawyer told her that since her name is on the loan and she's been paying on it for the past year that if she turned it over to me I would have to buy her out. What I'm asking is if what she says is correct. Also since my name is on the loan and she has put it in writing that she cannot make the payment anymore do I have any legal ground to take the car from her without her consent.


Asked on 10/22/12, 8:12 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The order of names on the loan is irrelevent--you are both equally responsible for payment of the note, and if there is a default it will hurt each of your credit ratings. You have no obligation to buy her out, and as co-owner you have the right to possession of the vehicle. Apparently she no longer wants it, so unless you do, the best solution is to try to sell it and work out how to pay off any remaining balance, in the likely event that the sale value of the vehicle will not be enough to pay off the loan. In fairness she should be responsible for this since she's been the one using it, but it sounds like she's not willing to be fair. However, if she is still going to need financing next year to buy her next vehicle, a defaulted loan now won't help her in that regard.

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Answered on 10/22/12, 8:33 am


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