What legal rights do I have to a car and to the loan, if my mother and I are co-owners and co-borrowers

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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 6 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.


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