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    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #1

    Oct 4, 2008, 10:06 PM
    Can co-signer take car?
    I live with the person who co-signed on my car, on the title of the car and on the loan I had to take out to get it. I want to move out. They said, if I go, the car has to stay because they co-signed. Legally, if I just leave with the car, can they do anything to take it?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Oct 5, 2008, 05:14 AM
    They only co-signed in case you default. No, they can't take the car if you are the registered owner on the ownership. If they do it is theft.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 5, 2008, 06:18 AM

    If they are on the title of the car, then they have equal rights to take it.

    If they are not on the title, but just a co/signer, all they may do is sue you for the money. They may get to take the car in court but would have to go to court.

    Again, if they are not on the title, you are expected to pay, if you are not going to pay, to be honest it would not to fair or moral to keep the car and not pay for it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 5, 2008, 08:03 AM
    Quote Originally Posted by justcurious55 View Post
    i live with the person who co-signed on my car, on the title of the car and on the loan i had to take out to get it. i want to move out. they said, if i go, the car has to stay because they co-signed. legally, if i just leave with the car, can they do anything to take it?

    Legal ownership depends on how the car is titled. Is it titled in both names?

    You can have joint title and single registration - at least in NY.

    And, of course, as FrChuck said, you must make the payments in a timely fashion.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #5

    Oct 5, 2008, 10:01 AM

    I do make all of the payments on time. On the paper we signed at the dealer's I signed as buyer, he signed as co-buyer. And he is co-signer on the loan
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 5, 2008, 10:04 AM
    Quote Originally Posted by justcurious55 View Post
    i do make all of the payments on time. on the paper we signed at the dealer's i signed as buyer, he signed as co-buyer. and he is co-signer on the loan

    The title - whose name is on the title, not the loan.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #7

    Oct 6, 2008, 12:12 AM

    Now I'm confused. What is the difference between title and registration? The registration lists us both co-owners.

    If he is on the title, but I take the car and go, if he were to call the police, would I have to give up the car, or would he have to take me to court?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Oct 6, 2008, 07:12 AM
    Hello j:

    The cops will NOT get involved. If he did it to help YOU buy the car, AND you keep making payments, he can't even sue you. However, if he did it so that BOTH of you could own the car, then he CAN sue you for his half.

    Why would you be making ALL the payments on a car that's only half owned by you?? I haven't got the slightest idea, but people do strange things. Why DID he co-sign?

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Oct 6, 2008, 07:18 AM

    What state are you in? Most states have something called a title for ownership of assets like cars, boats, RVs etc. This is similar to a deed for a home. The names on that title are what governs ownership. If the registration lists you as co-owners, then the title will probably do the same.

    In that case, you both have an equal right to the car.

    If you take the car, the co-owner can sue you. If you can prove that you have made all the payments, that suit would probably be dismissed.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #10

    Oct 6, 2008, 08:33 AM

    OK, thanks guys. You confirmed what I suspected. He co-signed telling me that since he's older, a more experienced driver, and has better credit blah blah blah, that I would get a better rate on the loan but that he had to be a co-owner too so that I would also get a better insurance rate. Of course NOW I know I didn't need him for anything more than the loan... (I guess at least I've learned something now... ) but now that I'm trying to move out him and his wife are claiming that I can't take the car because it's not paid off and their names are on it. (that's what she said to me) but her name isn't on anything (but she might manupilate him into trying to take it). And he's never even driven the car. And I have all of my bank records showing its been me paying for it all. Thanks, I'm not worried about it anymore
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Oct 6, 2008, 08:34 AM
    Quote Originally Posted by justcurious55 View Post
    ok, thanks guys. you confirmed what i suspected. he co-signed telling me that since he's older, a more experienced driver, and has better credit blah blah blah, that i would get a better rate on the the loan but that he had to be a co-owner too so that i would also get a better insurance rate. of course NOW i know i didn't need him for anything more than the loan...(i guess at least i've learned something now...) but now that i'm trying to move out him and his wife are claiming that i can't take the car because it's not paid off and their names are on it. (that's what she said to me) but her name isn't on anything (but she might manupilate him into trying to take it). and he's never even driven the car. and i have all of my bank records showing its been me paying for it all. thanks, i'm not worried about it anymore


    Are we talking about your father and stepmother?
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #12

    Oct 7, 2008, 07:08 AM

    No, former legal guardians. I'm 19 now. And they tried to tell me I'm not allowed to move out. And then threatened to take my car away if I tried to.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Oct 7, 2008, 07:10 AM
    Quote Originally Posted by justcurious55 View Post
    no, former legal guardians. i'm 19 now. and they tried to tell me i'm not allowed to move out. and then threatened to take my car away if i tried to.

    Hmmm - well, they can't, not from what you've posted and everyone has researched.

    I only asked because sometimes these are parent/step parent/child problems - no clear understanding in the beginning and then it all goes downhill.
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