I co-signed a car loan with my ex-fiancé. He is now married with a job and will not get the car refinanced to his name only. How can I get my name removed from the loan?
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Are you also on the title? That could provide you some leverage in getting the ex to refinance.– mikeazoMar 1, 2016 at 20:43
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4I am sorry to hear about your situation but you have very few options. Get your ex fiancée to share the car with you. Get your ex fiancée to give the car to you assuming you want to take on the full loan. Allow him to keep the car and make no further payments; if he doesn't pay then it gets repossessed. Lastly, I do not understand how the house purchase has any bearing on the car loan; it sounds like that's between him and the other person.– MonkeyZeusMar 1, 2016 at 20:54
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1Is he making payments on time? Do you use the car in any way?– WernerCDMar 1, 2016 at 22:35
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4Get a lawyer. If you the loan hasn't been transferred then you have a right to the use of the car -- with your lawyer pointing this out to him, he will more than likely refinance it (or agree to sell) rather than give it to you half the time– Matthew ReadMar 2, 2016 at 7:28
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2A lawyer might be a good idea, but why not in the nicest possible and least confronting manner talk to his wife, ask if she can help you get out of everything with 'their' car. If I know anything about wives, she will not have the 'ghost of his ex' riding around with them in 'their' car. But if she in any way starts an argument just say sorry and leave and go to your lawyer.– BentMar 2, 2016 at 8:38
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2 Answers
Pay off the loan, or convince your ex to refinance and pay off the loan.
You made a promise to the bank to pay back this loan. You can't remove your liability and shift it to another person because your relationship didn't work out - the bank doesn't care - they want you to fulfill your promise to pay.
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2The OP can't, but the ex fiancée may be able to. The bank may be willing to change the terms of the loan if the ex fiancée asks. Mar 1, 2016 at 22:42
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6It's not clear whether the OP is unable to pay or whether the OP does not want to. Mar 2, 2016 at 0:05
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2Unfortunately, this needs to be chalked up under "why doing business with friends must be treated as business, not friendship." The time to address this was when agreeing to co-sign. If you had put an explicit contract in place that defined what would happen if you separated, you could invoke that. Unfortunately you didn't, which means that unless a lawyer can find some other justification for bringing suit against your ex, all you can do is ask them what it would take to convince them to fix this... or accept that you've painted yourself into a corner.– keshlamMar 2, 2016 at 2:15
If you can stand the risk of a bad mark on your credit, just stop making payments and let him either pay it all himself or default and have the car repossessed.
answered Mar 2, 2016 at 3:45
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I doubt considering they co-signed they can afford a bad mark (if that is what you want to call default and repossession) on their credit.– RossMar 2, 2016 at 15:46
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@Ross: Presumably since OP cosigned for an ex to buy a car, the OP has reasonably good credit and the ex has bad credit. I don't see how you can conclude anything about whether OP can afford a bad mark from this, but the threat of having the car repo'd might get the ex to take care of the payments. Mar 2, 2016 at 23:12
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It seems we both have presumptions ;) Not enough info in the OP's post really. Was going more for the point of I'm not sure recommending playing chicken is the best course since the outcome could be default and repossession which would affect both parties involved. Hope that clarifies :)– RossMar 3, 2016 at 14:46
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@Ross: As I understand the question, only the default would affect the OP. The repossession would purely affect the ex. If the title is joint then the situation is different and the OP has more leverage. Mar 3, 2016 at 15:38