Legal Question in Civil Litigation in Florida

my friend's husband offered to co-sign on a car loan for me last week. with her agreement. Before we proceeded with the purchase, I reminded him I will likely be moving back home to alabama (im in florida) . He said he understood and that's fine etc. The dealership decided to put him on the paperwork first, rather than my co-signer, because they said he has a stronger score, more income than me etc, but that my name is still on the loan as well, and it is registered in both our names, insured in mine. Now, his wife is demanding I stay in Florida since he signed for the car too. I am wondering if I have a legal right to take the car anywhere I want to take it since I am the one paying the payments on it? Seems absurd that she can tell me where and when to drive it. Any info would be appreciated. Thanks!

Asked on 7/17/12, 2:51 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It was a bad idea from the beginning and I trust you know that now. You dont say how the car is titled specifically. This may matter. As joint tenants with rights of survivorship you both own the car and have equal rights in the use of same. You could certainly follow through on your plan to move. If you own the car as tenants in common, you each own and undivided interest in the car, but no one really owns control of it. You can move, but you will need to kind of look over your shoulder all the time. You could file an action to partition the car, but that does not really get you what you want either. Why not add them to the insurance so that the wife can feel comforted that if anything happens they are covered also as the owner. The cost should be minimal if anything. When you get settled and have an income stream you should consider approaching the lender about releasing him and then he can transfer the car back to you.

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Answered on 7/17/12, 3:17 pm

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