Legal Question in Family Law in Maryland

Vehicle disposition

I bought a van and had to have a cosignor. MY significant other agreed to be the cosignor.

I made all the payments to date with a small balance of $4800.00 still owed.

I recently terminated the relationship. My former significant other has stated he is going to sell the van without my consent.

Can he do that under Maryland Law when he is only the co-signor and has no financial stake in the vehicle?

What are my rights in all this?

Will I need a lawyer to accomplish whatever legal action I need to take to secure full ownership of the vehicle?


Asked on 1/10/02, 10:52 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Vehicle disposition

You didn't state in your inquiry whose names are on the title to the vehicle. I'll assume that both yours and the co-signer's names are on it. This was a bad idea from the start, but what's done is done.

In any event, neither of you can sell the vehicle without the consent of the other. When you sell a vehicle, all owners on the title must endorse it over to the buyer to effectively transfer title. If you made all the payments, your former s.o. should be willing to cooperate with you. Apparently he's either upset by your breaking off the relationship, or thinks you owe him some other money for something.

If he refuses to cooperate, you may have to file a court action against him and try to prove that you are the real owner in interest because it was really your vehicle for all intents and purposes. A judge could order title transferred to your name alone. For further information or assistance, you can contact me at 301 986-4555.

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Answered on 1/10/02, 12:26 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Vehicle disposition

The matter rests on how the van was titled. Are both names on the

title and do the names appear with the word "and", the word "or", or with neither designation? This is important as it affects

who can transfer title and who is legally the owner. It also affects who can sell the vehicle. Alternatively, it is preferred

for a co-signer to sign the loan note only. Some lenders require that the co-signer be on the

title, others do not. More importantly, why does he want to sell the van and what claims, if any, does he

have against you?

An attorney may be able to negotiate this matter for you if you are not able to

obtain the desired result. Your significant other may more readily agree to disolve his interest, if any, that he has in the vehicle when the matter is discussed by an attorney. Otherwise the

matter may be taken to court for a judicial determination as to ownership. If you can prove that you made all

payments and that the vehicle was purchased with the intent that it be for your sole ownership and use then you may likely prevail in court. Obviously, it is less expensive and

less frustrating if the matter can be resolved outside of court and, if so, then it is a matter of acquiring the proper paperwork

and fixing the title with the Motor Vehicle Administration.

For a reasonable fee, I am available to assist you. Please feel free to contact me at (410) 799-9002 or by e-mail at

[email protected].

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Answered on 1/10/02, 1:02 pm


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