If i co-sign a car loan for my girfriend, can my wife takethe carwhen we divorce?

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If i co-sign a car loan for my girfriend, can my wife takethe carwhen we divorce?

I want to cosign for my girlfriend a new car. I am in the process of filing for a divorce.

Asked on July 15, 2011 under Family Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Co-signing a loan does not give you an ownership interest in a vehicle--all  it does is obligate you to pay if your girlfriend does not. Therefore, being a cosignor on a loan will not let your soon-to-be-ex wife take the car--just make sure you are NOT on the title or the registration, but are only a loan co-signor.

That said, there are good reasons to not do this:

1) It will look bad during the divorce: helping a girlfriend by a car while still married will reflect badly on you and can result in a worse outcome.

2) You don't know yet what your financial obligations will be from the divorce (e.g. alimony)--can you afford to possibly take on another loan?

3) You already know that sometimes, relationships don't work out. What will you do if you and your girlfriend break up and she decides to not pay on the car, sticking you with the loan?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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