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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32598
Experience:  Began practicing law in 1992
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will a bill of sale eliminate my financial liability on a joint

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will a bill of sale eliminate my financial liability on a joint car loan

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Can you rephrase? I'm not sure exactly what you are asking.

Customer:

I am a joint owner of a financed vehicle with an ex girl friend. She has been making the payments and now is trying to make me make her payments on the car. I have never had the car in my possession or have had any access to the car. I have made some half payments and a few full payments to protect my credit. now I am refusing to put any more money into the car.

Customer:

She now wants me to sign a bill of sale to her. because she thinks it will remove me from the liability of the car and loan

JD 1992 :

No, giving a bill of sale to her won't relieve you of the liability of the note, it just takes away any ownership interest you have.

JD 1992 :

The only way to get relieved of the note is to have the financing company agree to no longer hold you responsible.

Customer:

that's what I thought. Will it also eliminate my ability to take the car if she stops payments? I have tried to get the car from her and I have tried to trade her a car for the car but she refuses.

JD 1992 :

It makes it much, much harder to take the car. You could still file a lawsuit but since you gave her your part of the car the judge might not be as inclined to grant it and you defiitely couldn't seize it without going through court.

Customer:

I guess the last thing I need to know will it save me from any liability if she has an accident or any such liability like that if I do sign it over?

JD 1992 :

It could help with the liability aspect but if she isn't a notoriously bad driver and you have insurance on the car then that isn't a huge concern anyway. A concern but not a huge one.

JD 1992 :

WHen was the last time you made a payment?

Customer:

I made a full payment on it last month to buy me some time to find a way out of this mess I have had full coverage insurance on it since it was purchased which she also refuses to pay for or reimburse me. about 120 a month for her and the car. If I have to maintain insurance can I drop her and pay just for the car? money is tight and I have been falling behind on my own bills to try to protect my self from this mess.

JD 1992 :

Your best bet at this point is to file a lawsuit, you can hire a lawyer or do it yourself, and ask the judge to order her to turn the car over to you so that you can sell it to pay the note off.

JD 1992 :

That is the only way to completely protect yourself all the way around.

Customer:

ok thank you

JD 1992 :

Anything else I can assist with before I exit to help others?

Customer:

you have answered all my questions.

JD 1992 :

I do wish you the best on this and if you remember, drop back by and let me know how it turns out. Also, please don't forget to leave a Positive Rating so I get credit for my work.

Customer:

I will and thank you have a great day

JD 1992 :

To you as well.

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