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I have a daughter with an ex. I co-signed a car with her…

Hi my name is*****...

Hi my name is***** have a daughter with an ex. I co-signed a car with her back when we were together and recently (last year or so) she has been missing payments and its affecting my credit. How can I remove my name from the car?

Lawyer's Assistant: What state is this in? And how old is the car?

Arizona, the car is a 2012 Nissan Altima, loan was taken out in 2014

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No nothing else

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Customer reply replied 5 months ago
Actually I did want to add that she has threatened me before with not paying the car and it seems like she's doing this on purpose.
Answered in 16 minutes by:
3/10/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,376
Experience: Attorney with over 25 years experience
Verified

Unfortunately, you are both equally liable for the debt to the bank on the loan. You cannot remove yourself from the loan with the lender. The only way to remove your name is ***** ***** refinanced the vehicle and dropped you as a borrower. Given the missed payments, not a likely option.

You can try a voluntary turnover (friendly repossession) of the car to the lender so the lender can sell the car and apply it the debt. You can tell your daughter you are going to do that if she does not bring the loan current.

you can also payoff the loan and buy the debt (assignment of the loan). then you step into the shoes of the lender and can repossess the car (take it from her) if she stops making payments to you.

Have I answered all your questions?
If so, please be sure to accept my response and post a positive 5-star rating.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,376
Experience: Attorney with over 25 years experience
Verified
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Customer reply replied 5 months ago
thank you for answering. But to correct something, its not my daughter i co-signed for its my Ex. We were never married and were together for a certain period of time. Is there not something that protects me from her doing this? How would I go about beginning a friendly repossession?

Th​anks for the clarification. There is nothing that protects you from a co-borrower who refuses to pay since the lender will to both of you for repayment.

I recommend contacting the bank and tell them that you don't want to pay for the car anymore -- come pick it up.

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