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My girlfriend recently financed a car as the primary holder and her mother cosigned it, with that it was promised (verbally) that the car was going to be for either my girlfriend or her sister. After said contract was signed for and down payment was given, her mother tells her that the car is actually for the mothers boyfriend. We wanted to know if we have the power to take the car and if need be. in a legal case take action to keeping the car. The car is still in the lot and the title is in my girlfriends name.

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Laws vary by country/region, but typically the title dictates who owns the car. A co-signer is lending their good name/credit score to help secure financing. They are obligated to pay but generally have no ownership rights unless they are also on the title.

This is true in Texas, a co-signer has no legal rights to the car. So, if your girlfriend is the only name on the title she can do with it as she see's fit.

You'll find many questions about co-signing where the overwhelming opinion is that you really shouldn't do it unless you are willing/able to basically buy the thing for the person you're co-signing for.

  • So by law, if we wanted to keep the car and continue to pay for it , wed be okay to just take it and her mother wouldnt be able to fight for it?We are in Texas,Usa. Dallas County to be exact. – Vinh Jun 13 at 21:29
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    @Vinh You'd want to review title and all signed contracts involved, but yes, the co-signer has no legal right to the car and if the owner stops paying the loan the co-signer is still liable for the payments (if nobody makes payments it will be repossessed). It's worth thinking about the long-term consequences of these decisions and trying to come up with an amicable solution, but assuming this is a standard loan/co-signer situation it's your girlfriend's car the mother has no right to it. – Hart CO Jun 14 at 0:19
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    @HartCO of course, GF's mother should have thought about the LT consequences of her actions... :) – RonJohn Jun 14 at 4:12
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    Also as @HartCO said check the contracts. One car I bought I ended up being the cosigner, not the primary owner. That would obviously complicate things. – xyious Jun 14 at 15:33
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    While the co-signer doesn't have rights specifically to the property bought with the loan, if the primary signer defaults on the loan, and the co-signer pays the loan, then the co-signer can sue to have the primary signer pay them back. And if they get a judgment, that theoretically could lead to a lien on the car. But there'd be a lot of legal steps involved. – Acccumulation Jun 14 at 16:25

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