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My sister co-signed on a car loan with her boyfriend (now Ex). They are both Registered Owners on the car. He is the primary for making payments on the vehicle but now he's not able to afford it. They did not separate on good terms so NOW, my sister has the car and she wants her name to be removed from the loan. To solve this, I got approved for a loan already and I should be able to take over the payments.

My question is, would I have any problems taking ownership of the car and registering it under my name? Both him and my sister are listed as the Registered Owners so would it be a problem if my sister and I went to the DMV to transfer the title to me?

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    Different jurisdictions can make up their own rules.
    – Lawrence
    Commented May 17, 2020 at 7:41
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    Will the other owner also be signing the paperwork?
    – mhoran_psprep
    Commented May 17, 2020 at 12:11
  • @mhoran_psprep. We are not certain that the other owner will sign paperwork. We are hoping my sister who is also a Registered Owner would be able to sell the car to me so I can take over the loan payments and car ownership. Our goal is to take my sister off the loan that she co-signed and remove the other owner from the car title/registration. If the other owner refuses to sign any paperwork, what can we do about it?
    – JAKUZY
    Commented May 18, 2020 at 18:43

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Your sister owns a fraction of the car. The ex-boyfriend owns a fraction of the car. While it is possible that DMV will allow your sisters name to be removed and yours added, they will not allow the removal of the ex-boyfriends name from the ownership paperwork without the proper paperwork signed by the ex-boyfriend. The DMV is trying to prevent fraud.

If the ex-boyfriend stops making payments, then your sister has to make the payments to stop the lender from reporting the loan being delinquent and eventually repossessing the car.

This problem will eventually have to be resolved because even if all the payments are made, there will come a time where the car will need to be sold.

You should get local legal advice. It might be possible to have the ex-boyfriend complete s simple form and get it notarized, but it might require a trip to small claims court. You will have to know where they currently live to address any cross-border issues.

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