Herkimer, NY asked in Contracts, Divorce and Banking for New York

Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court hearing, because both of our names are on the title. His name is on it first because they used his credit for the loan. However I have been the one paying for it the entire time, and I don’t speak to him. I can show proof of this if necessary. I tried getting a co-signer release form from Ally financial but they said they couldn’t do it. I called the dealership and asked what to do and they don’t know. My ex told me I have a week to get his name off of the loan and the title. Please help me, I don’t want to lose my car.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

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