If my fiance is a co-signer on her car loan but her mother is the primary and is threatening to take car, can she?

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If my fiance is a co-signer on her car loan but her mother is the primary and is threatening to take car, can she?

My fiance is current on the payments.

Asked on January 8, 2012 under Bankruptcy Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your fiance's mother could possibly take your fiance's vehicle, but whether or not she is legally entitled to is another matter. First, in whose name is registered title to in concerning the vehicle? If it is soley in your fiance's name, then the mother absent a written agreement to the contrary has no legal right to take posession of the vehicle.

As long as the loan is current, I see no basis for anyone having a basis to try and take possession of the vehicle from your fiance. Just because someone co-signs a loan for someone, that does not mean that the co-signer has an interest in the security for the loan.


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