Breakup won’t necessarily get an ex out of co-signed car loan

The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: My son’s five-year relationship with his girlfriend is ending. About two years ago, he co-signed on her new car purchase. Is there a way to remove him from further responsibility on this debt, since they are no longer together?

A: One option is for her to refinance the car loan with the lender based on her credit alone. Another option is to approach the lender to see if they will remove your son as a cosigner if enough payments have already been made on the loan.

But the reality is that the exgirlfriend has no incentive to go out of her way to help your son. And most lenders will prefer having the co-signer remain on the loan.

Q: I have been married six years to an alcoholic. I want to change my will and leave my property to my daughter. Does my will have to be a joint will with my husband? Can I do this without his knowledge?

A: You can most definitely have your own will, and you are under no obligation to leave any of your property to your husband.

You are not required to tell your husband you are signing a new will (or that you are changing your will) and that you are leaving him nothing.

However, under Texas law, your husband would have certain rights even if you cut him out completely. For instance, unless you have a prenuptial agreement to the contrary, he would have the right to live in your home rent free for the rest of his life, if he outlives you.

Note to readers: The Elder Law Committee of the Houston Bar Association is holding its annual “Will-AThon” in a few weeks. You can attend this event and have new wills and basic medical directives prepared by a volunteer attorney for free, as long as you meet their qualification requirements.

To be able to participate, you must be at least 60 years old, and your income can’t exceed certain limits. The program is also open to veterans and persons who are disabled. To take advantage of this free service, you must preregister by calling 713-228-0735, from 9 a.m. to 3 p.m. from Feb. 5 to March 30, 2018.

When you call, they will ask you questions and let you know if you qualify for the program.

If you qualify, you will be given an appointment with a volunteer attorney on April 4 at the Tidwell Park and Community Center at 9720 Spaulding in Houston. Your new wills and several other estate planning documents will be ready to sign on May 2 at the same location.

Before you execute the documents, you will have a chance to look them over to make sure they are to your liking.