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Hi there me and my common law partner split after 15 years and I co signed
for his truck is there anything I can do? He wants his truck and won’t
trade it in cause what he owes is more then what the truck is worth. Please
Asked on January 29, 2018 under Family Law, Alaska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Your state (Alaska) does not have common law marriage, so if you and your partner were not legally married, you did not have a legally recognized relationship. In that case (no marriage), you have no rights under family or matrimonial law. That in turn means that you can't force him to trade or sell the truck, the way you potentially could if you were married and divorcing him.
The financing agreement you signed is a contract; like with any other contract, it can only be modified (e.g. to remove you) if *all* parties to it, including the lender and your former parnter, agree: therefore, there is no way to require that you be removed from the financing or obligation to pay.
This is a case where you have to work it out voluntarily with your former partner: you don't have any legal leverage on your side. For future reference, only cosign any major purposes with a non-spouse IF you have the other person sign an agreement requiring him/her to sell it or trade it in, etc. on demand by you--you can protect your rights with a contract, but have no protection without one.
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