Does it matter who is the primary borrower on a car loan?

Asked by: Ricky Gleason  |  Last update: September 8, 2025
Score: 4.1/5 (35 votes)

Remember, the primary borrower legally owns the vehicle, so an auto loan co-signer cannot take over without the consent of all parties and a refinance loan.

Does it matter who is primary on a car loan?

However, if the primary borrower defaults and the co-signer doesn't step in to pay, the co-signer is held responsible, and their credit score may suffer. Co-owners, on the other hand, are equally responsible for the loan from the start. If payments are made on time, both parties' credit scores can improve.

Who should be the primary borrower on a loan?

Some lenders, however, may indicate a “primary borrower.” The criteria for determining who this person is differs among mortgage lenders. Some may define the primary borrower as the person with the higher income, for instance, or as the person whose name appears first on the application.

Can a primary borrower take possession of the car?

In other words, if you wanted to get in the car and drive away with it, you'd have the right to do so, since (presumably) you're the owner of the car as well (this does not apply if you're only a co-signer on a loan). You could also take the co-signer to court for financial damages.

Can a primary borrower be removed from a car loan?

Ending a Cosigned Car Loan. As the cosigner, you can't remove the primary borrower from the loan. Unfortunately, since you have no legal rights to the vehicle, the primary borrower has to take the initiative to remove someone's name from the contract.

What happens to my co-signer on a car loan if I file bankruptcy?

43 related questions found

Who owns the car the borrower or co-borrower?

Co-borrower: A co-borrower shares financial responsibility and ownership of the car from day one. Their name will likely appear on the car title with the other borrower. Both borrowers typically contribute toward monthly payments.

How do I remove a primary owner from my car loan?

A co-signer or co-borrower can request a release from a car loan, refinance the loan, pay off the loan or sell the vehicle to remove themselves from the loan agreement. It is important to communicate with the other borrower and come to an agreement on how to handle the loan before taking any action.

Does car belong to the one with the title or the one who pays for it?

Legally, the vehicle belongs to whoever is listed on the car title as the owner or joint owner, which may include the lienholder if the car is currently financed.

Can a co-signer sue the primary borrower on a car loan?

Cosigners can take the primary borrower to court if the primary borrower fails to repay the loan or otherwise fails to fulfill the terms of their agreement.

Do both borrowers have to be on title?

Generally, co-borrowers share the title of the home. But this isn't always the case since the loan and the title are separate. Be aware that if you're a co-borrower and your name isn't on the title, you'll still be responsible for paying off the mortgage – but won't have the right to use the house.

Can a co-buyer take the car from the buyer?

Yes. Each of your have a right to keep the vehicle in your posession. However, if you try to get the vehicle from the other owner, you cannot breach the peace to take it, and example: you cannot break into a garage or somethng like that.

Who takes full responsibility for paying back a loan along with the primary borrower?

A co-signer is a person who agrees to take legal responsibility for someone else's debt. If the primary borrower fails to meet their financial obligations on a loan or lease, the co-signer is held accountable for any missed payments.

Whose credit score is used when buying a car with a co-signer?

Lenders may look at the credit score of both you and your co-signer. So, a co-signer with good credit — a score above 660 — may result in lower rates. The average auto loan rate for subprime borrowers on a new car is 12.28 percent.

Does it matter who is the primary borrower?

It does not matter. BOTH are equally responsible for the loan. So Primary vs Co-Borrower is just semantics. Some businesses don't even have "Primary" and just call them both "Borrowers."

Does it matter whose name is first on a car title?

The order of the names on the title do not matter.

Does it matter who is the primary on car insurance?

Insurance companies use their driving record, age, location, and other factors to calculate premiums and coverage. So the primary driver can affect insurance rates.

Who owns the car if there is a co-borrower?

Along with combining income, co-borrowers share equal responsibility for the loan, and both own the car equally. Even though you both own the car, you may not both need to be present when you sell or trade the vehicle.

How to remove primary borrower from auto loan?

Removing Your Name From A Joint Auto Loan
  1. Pay off the loan. If you can pay off the remaining balance, then you end the loan and the obligation to the loan contract. ...
  2. Refinance. If one co-borrower wants to keep the car and one wants their name removed from the loan, they can try to qualify for refinancing. ...
  3. Sell the car.

Can you sue the primary borrower?

A cosigner has the right to sue the primary borrower on a student loan to recover the money they spent making the loan payments. So if you don't make any loan payments, you may not be able to sue the primary borrower to recover money.

Does it matter whose name is on the car?

Yes, the name on a car title can impact insurance coverage. Insurance companies usually require the policyholder to have an insurable interest in the vehicle, meaning they either own the car or have a significant financial interest in it.

Who owns the car after a breakup?

The first thing to figure out is who legally owns the car. Is it titled in one partner's name, or both? Sole Ownership: If the car is titled in only one of the partner's names, then legally they are the owner, and they get to keep the car after a cohabitation break up.

Who owns the title when you finance a car?

A lien is created as soon as you finance a car. In most states that means the lender holds the car's title and is considered the vehicle's legal owner until the loan is paid in full. The lien protects the lender and allows them to repossess the car if the borrower stops making payments.

Can the primary borrower take the car?

The primary borrower has the ownership rights to the vehicle. The cosigner does not. This is the case whether the borrower bought the car from a dealership or from a private seller using a private party auto loan.

Can you remove someone from a car loan without refinancing?

But if your circumstances change over time or your credit score improves and you would like to remove the co-signer from your loan, there are three primary options. You can refinance, get a co-signer release or pay off the loan.

How do I remove one person from a car title?

When the title states “and/or” or “or” in the name field, only one person needs to consent to remove a name. If it only contains the word “and,” both parties need to agree to remove any name from the title. Therefore, you'll need to get consent from the co owner.