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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33803
Experience:  Attorney with 15 years experience in various consumer protection areas
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I am involved in a car loan I co-signed for. The other

Customer Question

I am involved in a car loan I co-signed for. The other person went to jail shortly afterword and I have been the one making payments He refuses to sign car over to me even though I am paying for it is there anything I can do?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are you listed on the title to the car as a co-owner or are you just a guarantor of the debt?

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thanks

Barrister

Customer: replied 8 months ago.
It is my name then his co-owner I guess
Expert:  Barrister replied 8 months ago.

Ok, then if you are on the title, you have an exactly equal right to possession of the vehicle. So if you don't have it, you can go and take possession of it. If you don't have a key, you can get one made by the dealer based on the VIN if you have a copy of the title.

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As for forcing him to sign over his half ownership, you can only do that if you filed a "partition action" where a judge orders the car sold to the highest bidder at public auction. You bid up to what is owed on it to extinguish his interest and that makes you the sole owner.

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You would need a local civil or real estate attorney to assist with filing the partition action so it goes smoothly and quickly.

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thanks

Barrister

Customer: replied 8 months ago.
I have the truck I want to sell it.
Expert:  Barrister replied 8 months ago.

Ok, then you are stuck with filing the partition action so you can bid it up to what is owed on it, get title just in your name, then you can sell it to whoever you like.

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That is unless you can talk the other owner into signing over their interest for some type of payment.. So I would talk to a local divorce law (they partition marital assets all the time) attorney to see what it would cost to file a partition action. If it was $2500, then you offer the co-owner $1000 or $1500 to sign over the title so it is cheaper than going through a partition action.

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thanks

Barrister

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