Legal Question in Mediation in Texas

Property Dispute

My ex-girlfriend co-signed a lease on a 2007 Toyota Yaris in Richardson, Texas when it was new. We split up a year after the lease was signed. I told her that I would try to get the vehicle re-financed to have her name removed from the lease if it were possible. After discussing the matter with the dealership, it turns out my payment would increase by over $100 or more unless I found another co-signer. I have kept up with the payments and insurance and the dealership has told me that so long as I do this everything would be ok, that in reality I am only helping her credit as well as my own by being on time, NEVER late and maintaining my insurance (full coverage). I've tried re-financing, however, it would bankrupt me to try considering the increased amount of money I would have to pay. She (the ex) told me to just turn the vehicle in, however, according to the dealer-ship, this would be considered a voluntary repossession and $7500 would be applied against my credit. I cannot go without a vehicle, I need to have it to go back and forth to work, and I explained this to my ex, but she has a vendetta, and while I want to accommodate her request to remove her from the lease, I am financially unable to so.


Asked on 7/09/09, 2:32 pm

2 Answers from Attorneys
Fran Brochstein Attorney & Mediator

Re: Property Dispute

This happens all the time. Unmarried couple buy something together, then they break up. Both are on the note and both are obligated to make the payments. One party wants off the note. No court can interfer with 3rd party creditors (car loan company). No court can order a company to give you credit.

Inotherwords, she is stuck on the note until it's paid in full.

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Answered on 7/10/09, 5:25 pm
Brent Sykora The Gilbreath Law Firm, PLLC

Re: Property Dispute

Under what authority does your ex have to enforce her "request" that you refinance the note?

As I understand it, there is no agreement, decree, or other document that creates any duty for you to refinance this note.

It would be a nice gesture if you could, but both of you assumed the risk when you decided, albeit foolishly, to co-sign on an agreement to make a major purchase outside of the bonds of marriage.

In any event, in my opinion, your worst case scenario is that you have to deal with this "vendetta" until you can either refinance the or pay off the note.

It does not sound to me, based upon what you have said, that she has any basis to enforce a refinance of the note.

Again, based on what you have told us, I would tell you to keep making payments on the car and to keep using the car as you have, documenting such use - through receipts and whatnot, until you either pay the car off or are otherwise able to refinance the note.

Of course, a couple of different facts could possibly change my opinion, but I hope what I have given you thus far is helpful.

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Answered on 7/09/09, 4:32 pm


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