My son is currently in boot camp, and his ex-girlfriend is threatening to go to court because she wants her name off a car loan they got when together. She is the primary borrower, but my son is the one that kept it and is paying it after splitting up. Of course she wants him to refinance the loan, but we do not have the credit. How can we get her off the loan?

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    Two questions: (1) Is your son's name on the loan; and (2) Who is on the title of the car? – JohnFx Nov 23 '15 at 21:00
  • I second JohnFx's question: I was in the process of writing an answer saying that you might be able to ignore her claims, but realized it depends on whether she's on the title. – Mike Haskel Nov 23 '15 at 21:00
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    What is the ex-girlfriend threatening to do in court? Take the car? I don't see what claim she has against you or the bank to have her name taken off of the loan. – user32479 Nov 23 '15 at 22:51
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    Why not just let her take you to court? Co-signing isn't illegal. You guys did nothing wrong. What is there to go to court over? That your credit rating isn't good enough? How does the court fix that? – Nelson Dec 6 at 0:49

The only way I know to do this is to refinance the loan. That needs his signature on paperwork to apply for the new loan, but last I checked boot camp was still reachable by US Mail and he should be able to find a notary so this should be quite doable. Talk to the bank about what their requirements are.

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    But is there a solution if the son and/or the parents don't have good enough credit to refinance the loan? Sell the car? – mkennedy Nov 23 '15 at 20:20
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    @mkennedy Yes. Assuming the car is worth more than the remaining loan balance. Selling the car would work too. – JohnFx Nov 23 '15 at 20:57

Since the ex-girlfriend is the primary borrower, she should also have rights to the car, unless "my son is the one that kept it" means that the ownership was officially transferred to him. Hence letting her go to court would be undesirable.

She now wants to be removed from the loan, because she's on the hook for payments should your son miss any. If you cannot get a loan to refinance the car yourself and cannot convince her to wait until you can, you may have to sell the car.

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