Legal Question in Real Estate Law in Massachusetts
removing name from auto loan
I bought a car with my ex as the cosigner, she is on both the loan and the title. She sent me a letter saying I have to refinace it and get her name off it or she is going to take it and sell it. Can she do this and is it possible to refinance it in just my name?
1 Answer from Attorneys
Re: removing name from auto loan
It is unclear whether she was the co-signor before or after divorce. If your divorce requires you to refinance, she can force you to refinance or remove her name from the loan. If it is not part of the divorce decree or separation agreement, then she will not be able to force you to sell the car or refinance.
You can refinance a car in your own name. I assume the title is in your name only. If not she has to sign her interest in the car over to you to allow the refinancing to happen.
Your ability to refinance will depend on the age of the car and your credit rating.
Good luck.
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