Can I force my ex-fiance to refinance a car that we bought together?

We got a car together and both of our names are on the title and loan. Is it possible to force her to refinance the loan and get my name off of the car or is there a method to get myself removed from the vehicle/loan?

Asked on May 14, 2016 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately, you cannot get tyour name removed from the loan unless all parties to the loan agreement--that is, you, she and the lender or financing company--all agree. And there is essentially no likelihood the lender would agree to remove you, since dong so only hurts them: it reduces the number of people who have to pay the loan and whom it could sue for the money. And you cannot force someone on a loan to agree to a refinacing against their will. So unless she voluntarily agrees to refinance in her name only, your only real option is to offer to buy out her share of the car, become sole owner, then either refinance in your name solely and/or sell/trade in the car.


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