Legal Question in Consumer Law in Maryland

Financing Obligations

In Oct. 2003, my boyfriend decided to cosign an auto loan for me so that I could receive 0% financing. I've made all the monthly payments. Now that the relationship has ended, he is demanding that I refinance the vehicle so he is no longer committed to the loan. If I refuse to re-finance he is threatening to have the vehicle repossessed and sold at auction even though all payments have been made. Is he allowed to do this, is he entitled to the vehicle even though it is registered in both our names and what are my rights in this matter?


Asked on 10/01/04, 11:21 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Financing Obligations

If your ex is jointly on the title, then he is the co-owner of the vehicle as well as the co-signer of the loan. He does not have the right to "repossess" the vehicle. While he could argue that he has an equal right to use and possess the vehicle, in actuality, your "deal" with your ex was that you would make all the payments and maintain 100% possession of the vehicle.

To the extent that your boyfriend now wants to cause trouble and claim that he is entitled to legal possession, or a share of possession, of the vehicle, you would have a very good counter-claim to reimbursement of 50% of the price/loan payments made on the vehicle.

This sounds like you need an attorney to deal with your boyfriend. Keep accurate records, it sounds like one way or the other, you are going to end up in court over this.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/05/04, 10:39 am


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