Casper, WY asked in Contracts and Banking for Wyoming

Q: How do I get my name off a car loan when I no longer have the vehicle?

So, long story short, I was in a 7 year relationship (not married) and we split up. Our Jeep was in both our names, with me being the primary. When we split, I couldn’t afford the payments because our breakup made me both homeless and unemployed. So, he kept the vehicle. I am no longer unemployed and can afford my own vehicle now, but I won’t be able to get one while my name is on the other loan. He is refusing to refinance, sell, trade it in, or tell me where he is so I can go get it. At this point, I don’t know what I can legally do here. I would rather not have to go into bankruptcy, but I don’t know how else to get my name off the loan. Also, I don’t know if I have any legal right to make him tell me his location so I can go get the car. Even if I could use the Jeep’s GPS to find it, do I have anymore rights than he does?

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1 Lawyer Answer
James L. Arrasmith
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  • Business Law Lawyer
  • Sacramento, CA

A: In your situation, it's crucial to understand your legal rights and options regarding the car loan. Since your name is on the loan, you remain responsible for the payments, regardless of whether you possess the vehicle. However, if your ex-partner is refusing to cooperate with refinancing or selling the vehicle, you may need to explore legal avenues to protect your financial interests.

Firstly, consider consulting with a legal advisor or attorney who can provide guidance on how to proceed. They can help you understand the applicable laws in your jurisdiction and explore options such as negotiating with your ex-partner, seeking a court order for the sale or refinancing of the vehicle, or pursuing other legal remedies available to you.

Additionally, if you're unable to locate the vehicle or your ex-partner, you may need to explore alternative methods for resolving the situation. This could involve using legal channels to compel your ex-partner to disclose the location of the vehicle or initiating proceedings to enforce your rights under the loan agreement. However, the specific actions you can take will depend on the laws governing your situation and the terms of your loan agreement.

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