If your name is on the title, you can take the car. Just make sure he didn't re-titled it after the split.
Yes..... I did
No. Unless the cosigner is also a title holder they have no legal rights to the vehicle.
NO, the ONLY rights a co-signor has is to pay off the loan if the debtor defaults. Unless, they are listed on the title. Two different ballgames.
Only if the cosigner is also named on the vehicle title.
When someone co-signs, they are basically just agreeing to making the payments when the signer can not. * Any legal rights that a cosigner or a co-buyer(borrower) have depend upon whether or not their name is on the title to the vehicle.
No, a cosigner has no legal rights to a vehicle unless his or her name appears on the vehicle title.
No. Not unless they are also on the title. The name on the Certificate of Title is the owner. Unless the co-signer makes other arrangements than just co-signing the loan, all they have is the debt to pay if the primary borrower stops making payments.
No. Only the lender can "repossess" a vehicle. You need to keep making the payments to protect your own credit. It is likely you would need to bring a court action, prove you are making the payments and petition the court to order a transfer of title.
I had this very same instance come up and the police were called. They told me that as long as the payments were being made and you have proof of you making the payments on time, the cosigner has to leg to stand on when trying to take the car. So NO your cosigner can not take the car.
Something is not right here. If you are the primary, then why is the cosigner making payments and why does the cosigner have possession of the vehicle? The is back-wards of what it should be. And why in the world would you put the cosigners name on the title? You have a mess on your hands, because you went about this all wrong. You need to contact a lawyer ASAP.
First of all it would not be possible to be on the title of a leased vehicle, as the leasor retains ownership rights. A cosigner is only responsible for the debt if the primary borrower defaults on the lending agreement.
The title is in your name, so you hold all the rights.