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Old 12-18-2006, 07:26 PM   #1
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Default Need legal advice!!!

Here goes. My current car a 2003 Malibu is under my name and the payments come out of my account and it is NOT a joint account with anyone. Back when I bought the car I had my now Ex, Renee co-sign for it. She told me today that she was told that she can take my car and sell it on me.

From what I figure, it is titled to me, payments come out of my account, she has never paid anything on it, so she has no right to the car.

Anyone know what if any rights she has?? Of course this is in Canada so it may be different than the US.

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Old 12-18-2006, 07:27 PM   #2
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I don't think she has any, but that may vary from place to place.
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Old 12-18-2006, 07:44 PM   #3
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Old 12-18-2006, 07:50 PM   #4
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A cosigner has no legal rights to the car, they only garauntee payment to the financial institution. Dont sweat it, one of her friends probably put the idea in her head, but it has no legal merits. Make your payments and tell her to get a life. The only way you could have problems is if you were to fall behind on the payments and she picked up the slack,.... then she could file a lien against the car and have it reposessed.
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Old 12-18-2006, 07:53 PM   #5
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Venom is right on the money; my brother-in-law just went thru this 6 months ago.
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Old 12-18-2006, 08:28 PM   #6
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Actually the loan is through GM Canada, since I bought the car new from the dealer. I got a 2.9% interest rate. Due to the mileage I owe more on the car than it is worth. It isn't worth me trying to get a loan from a bank to pay it off since it would be higher interest payments. I have 16 payments left then it is paid for, but alot can happen in 16 months.

I just want to make sure I sever all ties with her. One good thing is that I have all HER stuff in storage at my place so if she wants to play that way, then I will have a HUGE yard sale and she can pay me top dollar to buy her stuff back, lol. Actually anyone that knows me, know that I would never do that.

I just want to make sure she has NOTHING to go by and that the only thing that can come out of her being a co-signer is that she would have to take over payments if I can't make them.
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Old 12-18-2006, 08:33 PM   #7
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She has no rights unless you go into default, and even then they are very limited. The car is titled in your name only - ITS YOUR CAR ! Stop worrying. sit back and get a laugh out of it, she'* just trying to mess in your life. And oh, the 'friend' that told her that was probably the boyfriend
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Old 12-18-2006, 08:57 PM   #8
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what brought this on? did she ask for help and you told her "no" and this is her response?

If you're upside down, she would have to satisfy the upside down balance of the loan to even sell it. Assuming of course she has ANY legal right to the car in the first place.

I would see what it takes to sever this tie, maybe get her name removed from the paperwork or whatever. Good luck
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Old 12-18-2006, 09:43 PM   #9
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As stated, she can't do much of anything unless you default or fall behind. And unfortunately she has to stay on the loan as a cosigner until it is all paid off. But the one thing she doesn't realize I bet is that even though you are making the payments and getting your credit score a bit better, in doing so....hers is too.
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Old 12-18-2006, 11:52 PM   #10
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I gotta agree with everyone else. A co-signer is just that...a co-signer, in the event that you default on the payments, she'd be the one who would control the payments.

She has no legal recourse on the car, and I can pretty much guarantee she has no case.

I'm gonna call a friend of mine in the legal industry and get back to you tomorrow Mike.
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