Generally, co-signing refers to financing, not ownership. If the primary accountholder fails to make payments on the loan or the retail installment sales contract (a type of auto financing dealers sell), the co-signer is responsible for those payments, or their credit will suffer.
You don't own the property
Unfortunately, being a cosigner doesn't give you rights to the property, car or other security that the loan is paying for. You're simply a financial guarantor, and if the primary signer fails to repay the debt, then you're next in line to make it happen.
Cosigners don't have any rights to your vehicle, so they can't take possession of your car – even if they're making the payments. What a cosigner does is “lend” you their credit in order to help you get approved for an auto loan.
Auto Loan Cosigner Rights
A co-borrower is someone who shares equal ownership rights and is usually a spouse. On the other hand, a cosigner is someone who signs on the car loan in order to help the primary borrower get approved. A co-borrower has ownership rights to the car, but a cosigner doesn't.
The co-buyer's rights to the vehicle allow the co-buyer to take possession of the car if you fail to pay — and even if you don't, because you're equal owners — and you'll need the co-buyer's permission to sell the car later. A cosigner has no ownership rights but might be harder to find.
A co-signer on a car loan is obligated to pay the loan if the other person defaults on their payment obligation while a co-owner of a car has an ownership interest in the vehicle itself.
A vehicle or vessel may be owned by two or more co-owners. Co-owner names may be joined by “and”, “and/or”, or “or”. All owners must endorse the title or registration application to register the vehicle/vessel, but the requirements for releasing ownership vary. Refer to Chapter 11.
Primary Owner means the vehicle owner with the predominant financial interest in such vehicle.
If you are the cosigner on a loan, then the debt you are signing for will appear on your credit file as well as the credit file of the primary borrower. It can help even a cosigner build a more positive credit history as long as the primary borrower is making all the payments on time as agreed upon.
Your cosigner does not need to be listed on the title or car registration associated with the vehicle for which you're obtaining a loan unless you request it.
There is no set procedure for getting out of being a cosigner. This is because your request to remove yourself will need to be approved by the lender (or you'll need to convince the primary borrower to take you off or adjust the loan).
The names on the two documents do not necessarily have to match. If two people are on a car loan, the car still belongs to the person who is named on the title.
Fortunately, you can have your name removed, but you will have to take the appropriate steps depending on the cosigned loan type. Basically, you have two options: You can enable the main borrower to assume total control of the debt or you can get rid of the debt entirely.
Joint ownership is characterized by the right of survivorship. When a Certificate of Title is in two names and one owner dies, the surviving owner would acquire the interest of the deceased owner.
You cannot have joint ownership. there might be different ways to finagle your way through this by first having it in your name then transferring the car or whatever.
If you're part of a couple—married or not—it's often smart to hold title to your cars together, as "joint tenants with the right of survivorship." That way, when one owner dies, the other will own the vehicle, without probate court proceedings. The transfer is quick and easy.
A co-applicant is an additional applicant involved in the loan underwriting and approval process for a single loan. ... A co-applicant differs from a co-signer or guarantor in terms of their rights associated with the loan. A co-signer may be used to help a primary applicant receive more favorable loan terms.
Cosigners aren't on the vehicle's title, even if they're on the loan documents. You don't own and aren't entitled to ownership of the financed vehicle; you've simply guaranteed the loan in which the car serves to “secure” the loan.
Co-buyers can combine incomes, and both of their names appear on the car's title. ... However, their income can't be combined with the primary borrower's, and their name doesn't appear on the title.
Typically, the only way to get your name off the loan is for your spouse to refinance it in his or her name alone. If your spouse can't qualify for an auto loan by him or herself, or if he or she refuses to refinance the auto loan, it's worth the time to speak with a lawyer about your options.
Although there is no legal difference between buyer and co-buyer, most lenders want all owners on the deed to also sign the mortgage and loan note. Leaving a co-buyer off a deed, mortgage or loan note can cause legal problems to lenders trying foreclose on the home or collect on a delinquent mortgage loan.
If both your name and the cosigner's name are listed on the registration, it indicates you have joint ownership of the car. This means that you can't resell the car without the cosigner's consent and signature. However, a loan cosigner doesn't need to be on your car paperwork.