If a loan is in one person's name, can a collection company take a car if two people are on the title? 6 Answers as of March 25, 2014

My wife has school loans that are soon due. She's unemployed, and concerned about losing our house and cars, even though they're both in our names, if payments can't be met. I'm retired and can only manage our expenses at hand.

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Stephens Gourley & Bywater | David A. Stephens
Yes, although they would have to recognize the interest of the other title holder.
Answer Applies to: Nevada
Replied: 3/25/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, because they are the lien holder and have rights above both on title.
Answer Applies to: New York
Replied: 3/25/2014
Hoang & Tran PLLC | Adam Tran
You should obtain legal counseling to determine your options.
Answer Applies to: Texas
Replied: 3/25/2014
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Not if the cars are paid to date.
Answer Applies to: New York
Replied: 3/24/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
Yes, the car company can repossess the car if it is not being paid for regardless of who is on title. Until that note is paid off, the bank owns more of the car than you do.
Answer Applies to: Illinois
Replied: 3/24/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    If a home is held through tenancy by the entireties, no. With respect to a home held otherwise, or other joint property such as a car, a creditor could get a judgment and force the sale of the property. It would have to pay the applicable exemption (15K per person homestead, 2460 in the case of a car). It could only get of the proceeds.
    Answer Applies to: Illinois
    Replied: 3/24/2014
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