If the title has the primary borrower's name first and then the cosigner's name can the cosigner just take the car and make the primary borrower still pay on it but not own it anymore?

Answer 1

What decides the ownership of real property such as a vehicle is the way the title is worded. If the names on the title of the vehicle are separated by the word "and" each party owns an equal share of the vehicle and both have to agree on any action taken. If the names are separated by the word "or" both parties have sole ownership rights and either one can take action without the permission of the other. Nevertheless, one party cannot have the use of the vehicle while the other one pays the financial obligation unless it pertains to a married couple or the involved parties have agreed on such an arrangement. Unfortunately situations such as cited quite often end up in litigation.