Co-signed car loanI am an adult (42) male. My Mother co-signed my car loan (I had bought a house) prior - I faithfully made all the payment...

Question

Co-signed car loan

I am an adult (42) male. My Mother co-signed my car loan (I had bought a house) prior - I faithfully made all the payments thus far. We had a terrible argument; while I was away she came and took the car and won't give it back. Is this legal?

Answer

Re: Co-signed car loan

The answer depends upon whose name is on the title. If the car is titled and licensed in your name, then your mother has no claim to it. If it is licensed or titled in her name, you have no legal claim to it (although, since you've made the payments, you may have an "equitable" claim).

Assuming you have the title, or that it is titled in your name (and not in both your names jointly), then you have a legal right to possess the car. May I suggest, however, that an apology might be a better approach, even if you don't feel particularly sorry, because this sounds like more of an emotional, than legal issue.

If you are title holder, and your mother will not return the car there are legal mechanisms to get the car, including a "replevin" action. I would urge you to contact a local attorney who can assist you.