car loan but 2 people on title
Yes, but then either of you will need the other's permission to sell the car. I strongly recommend you get an agreement on that point, in writing, and possibly reviewed by a lawyer, before entering into this kind of relationship. (See past discussions of car titles and loan cosigners for some examples of how and why this can go wrong.) When doung business with friends, treating it as a serious business transaction is the best way to avoid ruining the friendship.
Not sure if it is the same in the States as it is here in the UK (or possibly even depends on the lender) but if you have any amount outstanding on the loan then you wouldn't own the vehicle, the loan company would. This often offers extra protection if something goes wrong with the vehicle - a loan company talking to the manufacturer to get it resolved carries more weight than an individual. The laon company will have an army of lawyers (should it get that far) and a lot more resources to deal with anything, they may also throw in a courtesy car etc. You could have the buyer go to the bank with you so that he can get evidence that the loan will be paid in full and that the lien will be lifted. The bank won't sign over the title (and lift the lien) until the loan is paid back in full. DMV.org has a pretty good section about this. (Note: not affiliated with the actual DMV) Selling to a Private Party Though more effort will be required on your part, selling a car with a   lien privately could net you a higher profit. Here are a few things   you'll need to consider to make the process easier:  Include the   details of the lien in your listing. You'll list an advertisement for   your car just as you would any other vehicle, with the addition of the   lien information that buyers will need so as to avoid confusion.  Sell   in the location of the lienholder, if possible. If the bank or   financial institution holding the lien is located in the area you're   trying to sell, this will make the transaction much easier. Once you   make an agreement with the buyer, you can go directly to the lender to   pay off the existing lien. Ownership can then be transferred in person   from the financial institution to the buyer.  Consider an escrow   service. If the financial institution isn't in your area, an escrow   service can help to ensure a secure transaction. An escrow service   will assume responsibility for receiving payments from the buyer and   will hold the title until the purchase is complete. Advantages of an   escrow service include: Payoff services, which will do most of the   work with the financing institution for you. Title transfer services,   which can help to ensure a safe and legitimate transaction and provide   the necessary paperwork once the sale is complete. "The lead story here is you owe $12,000 on a car worth $6000!!  That is an appalling situation and worth a lot to get out of it.  ($6000, or a great deal more if the car is out of warranty and you are at risk of a major repair too.)  I'm sorry if it feels like the payments you've made so far are wasted; often the numbers do work out like this, and you did get use of the car for that time period. Now comes an ""adversary"", who is threatening to snatch the car away from you.  I have to imagine they are emotionally motivated.  How convenient :) Let them take it.  But it's important to fully understand their motivations here.  Because financially speaking, the smart play is to manage the situation so they take the car. Preferably unbeknownst that the car is upside down.  Whatever their motivation is, give them enough of a fight; keep them wrapped up in emotions while your eye is on the numbers.  Let them win the battle; you win the war: make sure the legal details put you in the clear of it.  Ideally, do this with consent with the grandfather ""in response to his direct family's wishes"", but keep up the theater of being really mad about it.  Don't tell anyone for 7 years, until the statute of limitations has passed and you can't be sued for it. Eventually they'll figure out they took a $6000 loss taking the car from  you, and want to talk with you about that.  Stay with blind rage at how they took my car.  If they try to explain what ""upside down"" is, feign ignorance and get even madder, say they're lying and they won, why don't they let it go?  If they ask for money, say they're swindling. ""You forced me, I didn't have a choice"".  (which happens to be a good defense.  They wanted it so bad; they shoulda done their homework.  Since they were coercive it's not your job to disclose, nor your job to even know.)  If they want you to take the car back, say ""can't, you forced me to buy another and I have to make payments on that one now.""" Is your name on the title at all? You may have (slightly) more leverage in that case, but co-signing any loans is not a good idea, even for a friend or relative. As this article notes: Generally, co-signing refers to financing, not ownership. If the   primary accountholder fails to make payments on the loan or the retail   installment sales contract (a type of auto financing dealers sell),   the co-signer is responsible for those payments, or their credit will   suffer. Even if the co-signer makes the payments, they’re still not   the owner if their name isn’t on the title. The Consumer Finance Protection Bureau (CFPB) notes: If you co-sign a loan, you are legally obligated to repay the loan in   full. Co-signing a loan does not mean serving as a character reference   for someone else.  When you co-sign, you promise to pay the loan yourself. It means that   you risk having to repay any missed payments immediately. If the   borrower defaults on the loan, the creditor can use the same   collection methods against you that can be used against the borrower   such as demanding that you repay the entire loan yourself, suing you,   and garnishing your wages or bank accounts after a judgment. Your   credit score(s) may be impacted by any late payments or defaults. Co-signing an auto loan does not mean you have any right to the   vehicle, it just means that you have agreed to become obligated to   repay the amount of the loan. So make sure you can afford to pay this   debt if the borrower cannot. Per this article and this loan.com article, options to remove your name from co-signing include: If you're name isn't on the title, you'll have to convince your ex-boyfriend and the bank to have you removed as the co-signer, but from your brief description above, it doesn't seem that your ex is going to be cooperative. Unfortunately, as the co-signer and guarantor of the loan, you're legally responsible for making the payments if he doesn't. Not making the payments could ruin your credit as well. One final option to consider is bankruptcy. Bankruptcy is a drastic option, and you'll have to weigh whether the disruption to your credit and financial life will be worth it versus repaying the balance of that auto loan. Per this post: Another not so pretty option is bankruptcy. This is an extreme route,   and in some instances may not even guarantee a name-removal from the   loan. Your best bet is to contact a lawyer or other source of legal help to review your options on how to proceed with this issue. "This will probably require asking the SO to sign a quitclaim and/or to ""sell"" him her share of the vehicle's ownership and getting it re-titled in his own name alone, which is the question you actually asked. To cancel the cosigner arrangement, he has to pay off the loan. If he can't or doesn't want to do that in cash, he'd have to qualify for a new loan to refinasnce in his name only, or get someone else (such as yourself) to co-sign. Alternatively, he might sell the car (or something else) to pay what he still owes on it. As noted in other answers, this kind of mess is why you shouldn't get into either cosigning or joint ownership without a written agreement spelling out exactly what happens should one of the parties wish to end this arrangement.  Doing business with friends is still doing business." An auto title loans are typically utilized by those that wish to obtain a funding with bad credit rating or no credit in any way. An auto-mobile title lending frequently called a vehicle title lending or merely title funding as well as pink slip funding’s. You merely should have a vehicle that is paid off or nearly paid off and also you could make use of the auto title as security to obtain the cash money you require, enabling you to continue driving your vehicle while paying your loan.   Get Auto Car Title Loans Chino CA and nearby cities Provide Car Title Loans, Auto Title Loans, Mobile Home Title Loans, RV/Motor Home Title Loans, Big Rigs Truck Title Loans, Motor Cycle Title Loans, Online Title Loans Near me, Bad Credit Loans, Personal Loans, Quick cash Loans   Contact Us: Get Auto Car Title Loans Chino CA 12403 Central Ave # 274,  Chino, CA 91710 909-325-3099 chinogatl@gmail.com http://getautotitleloans.com/car-and-auto-title-loans-chino-ca/ "The wording of this question is very confusing because ""primary signer"" would, in ordinary parlance, mean the person borrowing the money and the co-signer (not consigner) would mean the one who is guaranteeing the repayment of the loan: if the borrower does not pay, the co-signer is liable for making the payments. Whose name is on the title of the car? Who borrowed the money to buy the car? Is the loan in your name and your son co-signed the loan to induce the bank to loan you money to purchase the car, or is it the other way around, that your son borrowed the money and you co-signed the loan in order to induce the bank to loan your son the money? If the car title and the loan are in your name, are you defaulting on the loan and so your son is making the loan payments that should have come from you? Or is it that your son borrowed the money to buy the car, his name is on the title, he is making the payments, and you are no longer interested in backing him up in case he defaults and the bank comes after you for the money?" "She may be right.  If she gets the usual thing of half the family assets gained during marriage, she's also entitled to half the car.   Well, not quite. Imagine you had sold the car at the time of divorce.  You would have gotten some cash for it (this is typically shown in the Blue Book). And then you would have had to pay off the loan.  So the cash value at that time, minus the loan owed at that time,  was the equity in the car at that time.  That would be a family asset and she'd have been entitled to half of it.  A lot of auto loans are a ripoff, so this might not be much money. Or could be zero.  Or could even be negative - it's common to owe more on a car than it's worth, especially the first year after you buy it.  In which case she owes you LOL.   The judge already dealt with this, and he did it by saying ""you two get together and try to work it out"", and come back to me with a proposed settlement.""  If you are at loggerheads, you can go back to the judge, but he may not give an answer you like." You are not perfectly clear, but I will assume that your ex-girlfriend owns the car and that her name is the only one on the title. The fact that you paid off the loan and repaired the car is completely irrelevant. From a court's point of view you gifted the car to your girlfriend. If you are listed on the title, then your best move is to steal the car and hide it so she can't steal it back. Note that you are not actually stealing it if you are listed on the title since you own the car. (Try to steal it when it is parked in some public place. Avoid going onto her property.) Wait until she gets hungry, then offer her $500 if she agrees to remove her name from the title. By the way, after you steal the car, send a certified letter to her informing her that you have possession of the car. This is so that she has no grounds to report it stolen. Check with the police periodically to make sure she doesn't report it stolen anyway. If she reports it stolen AFTER you have notified her that you have possession, then it is a crime (making a false report). Sometimes I think it helps to think of the scenario in reverse. If you had a completely paid off car, would you take out a title loan (even at 0%) for a few months to put the cash in a low-interest savings account? For me, I think the risk of losing the car due to non-payment outweighs the tens of dollars I might earn. Everything on Earth can go wrong. Including, god forbids, your MIL being hit by a bus the next day and your ex inheriting all of her belongings and none of her promises to you. This is a bad idea. What I would suggest doing would be for your MIL to buy your ex a cheap and simple clunker to move herself around without you being ever involved. If you still want to go into this adventure, I'd advise to do these things: A written contract with MIL that details all the terms and agreements. Cover the potential unfortunate events like the one I made up in the first sentence. A written contract with your ex about how and when she can use your car. Insurance to cover all the potential damages and liabilities she can cause, in your name, with her as additional insured. Be ready to bear all the costs associated with the car. You're not a co-signer in this scenario - you're the only signer. The dealership will come after you and you alone. The buyer can get another cosigner or you can sell the car to pay off the loan. These are your only options if financing cannot be obtained independently. It is a legal issue for two reasons. In the United States if both names were on the title both people would have had to sign the paperwork in order to transfer the title. If the car was collateral for the loan, then the bank would have had to be involved in the transaction. The portion of the check need to repay the loan would have had to have been made out to the bank. If the car was sold to a dealership, then paperwork must have been forged. If the car was sold to a person then it is possible that they were too naive to know what paperwork was required, but it is likely still fraud. You need legal advice to protect your money, and your credit score. They should also be able to tell you who needs to be contacted: DMV, the police, the dealership, the bank. Update: here is a message the seller just sent me. Does this make sense?  I spoke with my bank again and they explained it a little better for me. I guess how it works is they will print out something for you that is called an affidavit in lieu of title that states they are no longer the lein holder and to release it to you. You then take that to the dol and they get it put in your name. He says that's how they do it all the time. When we get to the bank, the teller just verifies the check and I deposit it and they release the funds to pay off the account and that's when you would get the paperwork. You would be there for the whole process so nothing is sketchy. Sorry it's such a pain, I didn't understand how that worked. We've never sold a car with a loan on it before. Does the full time PHD student extend to 70-80 hours/week or more? If not, can you pick up an extra job to aid with living expenses? Also, whose name is the debt in? Is your wife paying to avoid the black mark on her credit record or her mother's? Basically what it looks like to me is that you guys currently have a car you cannot afford and that her mother doesn't seem to be able to afford either, at a ridiculous interest rate on top. Refinancing might be an option but at a payoff amount of 12k you're upside down even when it comes to the KBB retail value. I'm somewhat allergic to financing a deprecating asset (especially at a quick back of the envelope calculation suggests that she's already paid them around $18k if you are indeed three years into the loan). What I would be tempted to do in your situation is to attempt to negotiate a lower payoff to see if they're willing to settle for less and give you clean title to the car - worst thing they can say is no, but you might be able to get the car for a little less than the $12k, then preferably use your emergency money to pay off the car and put it up for sale. Use some of the money to buy her a cheaper car for, say, $4k-$5k (or less if you're mechanically inclined) and put the rest back into your emergency fund. The problem I see with refinancing it would be that it looks like you're underwater from a balance vs retail value perspective so you might have a problem finding someone to refinance it with you throwing some of your emergency money at it in the first place.