My friend is divorcing her husband. She has a vehicle that is co-signed with his brother (her BIL). She makes payments. Can they take it? ?
They have said they are going to come for the car but her soon to be ex husband is not on the paperwork and she is the only one that makes the payments. Can they take the car or what can they do?
“They” Is the ex husband and his family.
The registration is under her name and the payments are coming out of her account on time every month. She just had her BIL co-sign in the loan.
- RajaLv 72 months ago
If the registration is under her name she is the registered owner of the vehicle but not the legal owner because there is a loan balance to be paid .The BIL has only co-signed the loan . She will be the legal owner once the loan is fully settled .As it is the legal ownership is still with the finance company or the party who granted the loan.If they remove the car it will amount to ceasing the vehicle which is illegal.To be on the safe side she could inform the provider of the loan so in case they remove the vehicle they could take legal action against the BIL.The vehicle still belong to the party who provided the loan. Consult your family lawyer .Your BIL has only co signed the loan .The effect is if you default payment he will be liable to pay the loan.
- JoelLv 52 months ago
If they aren't the registered owner and still make payments she may be able to keep it, but they can still legally fight for it.
- FoofaLv 72 months ago
Your friend needs an attorney, Taylor.
- Andrew SmithLv 72 months ago
They cannot just TAKE it. The divorce settlement determines who gets what. That is in the future. In the meantime you have possession physically so any attempt to take the car without your permission could easily be classified as theft.
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- Anonymous2 months ago
If her name is the ONLY name on the title, it would be theft if BIL's family takes the car (unless the divorce decree orders it).
- KellyLv 72 months ago
It depends on the marital asset laws in the state.
Any asset acquired during the marriage in most states is a marital asset and equally owned by both spouses regardless of whose name is on the deed/title/paperwork, the loan for any of these items doesn't have to be in both spouses names.The house I live in my husband had it before we met. 10 years into the marriage he added me to the deed, however the mortgage is only in his name. So the house is equally owned by both of us but he's the only one responsible for the payment. The loan is a pre-marital asset (debt is also an asset). It seems like your loan for the car is one that was done during the marriage and that's a marital asset too.
If they can't come to an agreement on the car then a judge will decide. They may require one buy out the others interest in it and if neither can the judge may require it be sold and any profits split 50/50 however for most car loans you owe more on the car than it is worth. What she also can do in a divorce settlement is ask for the car in lieu of other marital property. Say they owned a boat.. "you can keep the boat, if I can keep the car".
She really needs to speak to an attorney on this since there's a 3rd party interest in this (BIL who co-signed).
- 2 months ago
Hi I is not understood what is you want
Is you buy the car your husband friend don't want a now
What is you means
- seedy historyLv 72 months ago
Co-signed? So her name is on the title or the loan? The name on the title is what counts. The people who agreed to pay for the loan are still obligated for that money regardless of who's name is on the title. If the loan goes into default then the company carrying the loan can repro it. However, the divorce agreement and severance with the courts is how this will shake down. If her name is on the title or loan, the battle will happen in court. If her name is on nothing? They can take the car.
- Anonymous2 months ago
If the vehicle is cosigned then Both she and her BIL are on the title. I have yet see a bank that allows a "Co-Signer" without being also on the Title of the car. So they could take it, but if she went to court it is very likely that the court would require them to return it to her since she is the one making the payments.
However, the bigger issue is that since he is on the title that once the car is paid off or she wants to get rid of it, she can not legally do that without him signing the title as well. If they want to play "hardball" they may force her into agreeing to things to get him to sign it.
The point...when she goes through the divorce make sure that the status of this car is decided so that when that time comes there is legal documentation
- Anonymous2 months ago
This is confusing. Who is "they"? (the ones coming for the car). Are the payments current?