QUESTION

My wife has a car loan with her exhusband he refused to remove her name what makes it hard for us to get a mortgage or car loan for ourselves

Asked on Jun 02nd, 2016 on Contracts - New Mexico
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your wife's ex has no power to unilaterally remove her as an obligor on the car loan, as this would prejudice the lender (co-signers benefit the lender, giving it additional security for its loan).  Such a change would require the lender's consent, and it has no reason to consent.  Your wife's ex could theoretically repay the car loan, possibly taking out a new loan on his own for that purpose, but he may not have the ability to do that, even if he wanted to.  Moreover, absent a court order (such as a judgment of divorce) or an agreement which requires the ex to get the loan transferred to his name alone, I don't think he is obligated to do so.
Answered on Jun 02nd, 2016 at 1:57 PM

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