What legal rights do I have to a car and to the loan, if my mother and I are co-owners and co-borrowers
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What legal rights do I have to a car and to the loan, if my mother and I are co-owners and co-borrowers
My mother signed a loan for my car; my name is also on the loan as a co-buyer; oth of our names are on the title as co-owners. I pay for the car and have not missed any payments and want to refinance it in my own name and have her removed from any ownership. She has taken the keys, removed the car from me and I have since moved in with my dad.
Asked on October 8, 2014 under Business Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Neither one of you can deny the other the use of the car or remove the other from the loan, or refinance without the other's permission, if you are both on the title and are both on the loan. You need to agree to what to do, because you would both have equal rights. If you cannot agree on what to do, you can go to court (i.e. file a lawsuit) and seek a court order requiring that the car be sold or otherwise disposed of and the proceeds (or debt, from the financing) be split between you. Having made the payments (assuming you can show that you made them), you may be entitled to a larger share of any proceeds, to reflect the payments you have already made.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.