If the primary co-signer on a car threatens to take the car away from the secondary co-signer, how does the secondary fight to stop this?

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If the primary co-signer on a car threatens to take the car away from the secondary co-signer, how does the secondary fight to stop this?

I’m a secondary co-signer on a car with my father and he’s threatened to take the car away from me due to an unrelated family disagreement. How do I fight this and what do I need to do? The car is not in default on payments at all, however, due to a disagreement I was threatened that the car will be taken from me (keys taken away and Im refused driving access). I was threatened by my mother who has no affiliation with the car except she and my father are the primary insurance holders. She isn’t on any signed contractual agreements regarding this vehicle as my father and I are.

Asked on April 21, 2012 under Business Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are over the age of 18 years old and are the primary obligor on the loan for the car that is being paid for over time where I presume registered title is in the name of the lender, your father who is the co-obligor has no legal right to take possession of the vehicle absent any written agreement between you and him to the contrary.

The problem is that if you are living with your parents and are embroiled in a family disagreement where the car seems to be a secondary issue, there really is nothing you can do to prevent him from taking the vehicle from you. Assuming he does, you can retain an attorney to bring a legal action against your father for possession of the vehicle.

I suggest that you sit down with your parents and try to resolve the dispute you three have so that in the end the issue with the car is resolved as well.


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