How can I exit a cosigned loan with my ex husband?

UPDATED: Oct 1, 2022

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How can I exit a cosigned loan with my ex husband?

I cosigned on a loan for a motor home before my divorce, and now I want to
either force a sale, or just be removed from the loan, or something. What
are my options, and what do I need to do?

Asked on May 28, 2019 under Family Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are on the title of the motor home, you can force a sale of it and use the proceeds to pay off the loan: if your ex won't agree to the sale, you could file a lawsuit to compel a sale. (Note: such a lawsuit is not a run-of-the-mill small claims case: you are advised to retain an attorney to help you.)
If you are not on the title, however, there is nothing you can do: being a loan doesn't by itself make you an owner of the motor home--only being on the title does--and a non-owner cannot force or compel a sale. If you are only on the loan, all you can do is try to negotiate something with your ex for him to voluntarily refinance the loan. (Note: the change in your marital status has no effect on the loan, so the divorce does not give you the right to be removed from the loan.)

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 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.

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