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I cosigned for a car loan for my brother-in-law. My wife, his sister is on the title. What can we legally do if he won't make the loan payments and tax payments?
Optional Information: Country relating to Question: United States State (if USA): Virginia
Welcome and thank you for your question!You raise a very good question. And the answer is: whoever has their name on the title, they have the lawful right to possess the auto.If your wife's name is XXXXX XXXXX title, she can take the car. She can use the spare key and take the car and/or she can have a tow truck come and take it to wherever she wants. Because her name is XXXXX XXXXX car, she should also be able to go to the dealer and purchase a duplicate key.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Is there any other options? (make him sell, payback money, etc..)
Does she have a separate written contract with him regarding repayment of any monies she has to pay?
No.
Thank you. XXXXX have a separate written contract with him regarding repayment of any monies YOU have to pay?
There was a verbal when the car was purchased, but no not a written.
Thank you. Unfortunately, verbal agreements on these types of things are not legally enforceable. Only written agreements are. Thus, there are no other options (unless he's voluntarily willing to do something else). What I mean is that you cannot force him to do something.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.