Legal Question in Civil Litigation in Massachusetts


I ended my engagement 3 months ago, and now I am having some legal issues. My ex is the primary cosigner of my car, as I am the secondary. I have been making all the payments to the vehicle, paid for the repairs, and the car is registered to my name to my address. Now that she realizes that I am seriously done with our relationship, she has given me an ultimatum. Either I refinance the car in 2 months to take her name off, or she takes me to court to get the car back. I don't know if this matters, but I do make twice as much as her, and she wouldn't be able to afford it. Mind you, I have tried to refinance the car, but since the loan is 9k over the car value, I would need to bring that amount to the table to refinance. So I expressed to her that I need more time as I want nothing to do with her anyway. It seems like she doesn't want to hear this.

I have been researching around, and all the answers say that it depends on who name is on the title. I remember both of us signing papers, but I don't know if we both signed the title, or if it was just me. I know the legal owner is the finance company until I pay off the car.

So what can she actually sue me for? Does she even have a case? Can I continue living my life until I save up enough to refinance without fear of being sued?

Asked on 2/29/16, 5:06 pm

1 Answer from Attorneys

Mandy Spaulding The Law Office of Mandy L. Spaulding

She may have rights, to remove herself from the transaction, so that her credit is no longer linked to you choosing to make payments. Having someone look at the paperwork with you and make a plan is probably a good idea. Feel free to give my office a call.

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Answered on 2/29/16, 5:48 pm

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