My ex is driving a car that I signed for

[newt3340]

Jurisdiction

Texas

So we were never married I am the primary on her car and she is the co signer. She is making random payments normally a month or 2 behind. I believe that in order to remove my name she would have to go and refinance w/o me as a signer if this isnt possible can I take the car legally. And I have my own car payment and cant afford another so what do i do with the car w/o it negatively affecting my credit.

 

[army judge]

So we were never married I am the primary on her car and she is the co signer. She is making random payments normally a month or 2 behind. I believe that in order to remove my name she would have to go and refinance w/o me as a signer if this isnt possible can I take the car legally. And I have my own car payment and cant afford another so what do i do with the car w/o it negatively affecting my credit.

Is your name the ONLY name on the title?

If so, YES, its LEGALLY your car.

If BOTH names are on the title, it gets a little more difficult.

The finance arrangement means NOTHING, as regards ownership.


Your FICO dilemma is the PRECISE reason you NEVER finance ANYTHING for anyone, unless its for YOURSELF only!!!!

The one exception is if YOU'RE legally married, not just shacking!!!

 

[newt3340]

So both are names are on it. So its more difficult but what can be done

 

[army judge]

So both are names are on it. So its more difficult but what can be done

When you use the PRONOUN "IT", you're referring to the Texas Car Title, right?

It's not difficult, it's impossible.

You and she are equal owners in the eyes of the law.

Legally you could go take the car and conceal it.

She could come and take it back, and conceal it.

You've painted yourself into a legal standoff.

You can buy out her interests, by having her sign over her ownership interests to you.

You could pay off the loan, thereby saving your FICO score, but car ownership (and POSSESSION) will still be an issue.

She could also buy out your interests, but she's a deadbeat with ROTTEN credit.

Too late now, but for the future, if a bank won't touch a deadbeat; you're foolish if you do.

There's no good way out of this for you mate, without losing more money.

If you want to save your credit, you'll need to keep the payments current.

You could pay off the loan, and she'd be standing there wanting money to sign off on the title.

This one costs you no matter what you do, but it costs you more if you do nothing.

I almost forgot.

If she goes out, gets all "liquored up" or "methed out" or "weeded out" or "cracked up"; hits a four year old riding her bike, kills her, or destroys some millionaire's Bugatti and kills the rich dude, you're getting sued, too.

If she gets parking tickets and fails to pay them.

If she gets red light camera tickets, and doesn't pay them, guess what?

You're going to get screwed for those things, too.

This has liabilities for your far beyond the obvious.

 

[newt3340]

So she either has to refinance on her own or sell the car put that money towards the balance of the car then payoff the loan on a car you no longer have. Are those the only options.

Can i legally take the car from her?

 

[KyleW]

Maybe this will help:
How to Take a Name off a Car Title

 

[army judge]

So she either has to refinance on her own or sell the car put that money towards the balance of the car then payoff the loan on a car you no longer have. Are those the only options.

Can i legally take the car from her?

I gave you the answer, mate.

You and she own the car equally.

You can go and get it, the try to conceal it.
Any money she paid, she's not going to get returned, unless you wish to cut a deal with her.

Have you spoken with the lender?

How much is owed on the car?

Find out.
Talk to the lender.
See if the lender can help, it's a longshot, but it costs you nothing to ask.

 

[txls]

You are both on the loan and both on the title which means you will have to BOTH agree to any resolution. You own it as much as she does. You can take it and hide it and make the payments but you will never be able to sell it without her cooperation.

 

[newt3340]

Thanks for all the advice. But she (her new husband) paid the whole balance early this week. Im still on the title but its no longer my problem. This thread can be closed

 

[txls]

Well that is good news. You do need to get your name off of the title with the state so that you don't have problems. If they get into an accident, parking tickets, toll fees etc. The best way to make sure it's done is for you and the ex to meet at the DMV once she has the title from the bank. (If it is not a local bank, it could take a few weeks to come in the mail).