The Short Answer

If your name is on the auto loan, you generally cannot “end” your liability to the lender just because the other co-owner stops paying—your obligation usually continues until the loan is paid off, refinanced, or otherwise resolved. However, Florida’s titling rules can affect what either co-owner can do with the vehicle’s title (and liens), which can impact your practical options and risk exposure.

What Florida Law Says

In Florida, a key issue is how the vehicle is titled (co-owners listed as “or” versus “and”). That titling language controls whether one co-owner can act alone to place a lien/encumbrance on the vehicle or whether all co-owners must sign. This matters because changes to liens, title status, and related transactions often intersect with what the lender will require before releasing you from responsibility.

The Statute

The primary law governing this issue is Fla. Stat. § 319.235.

This statute establishes that if a vehicle is registered to co-owners using “or,” either co-owner may place a lien/encumbrance with only one signature, but if the co-owners are listed using “and,” then each co-owner’s signature is required to place a lien/encumbrance.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If payments are missed, lenders may move quickly toward default remedies, and delays can increase fees, credit damage, and the risk of repossession or a deficiency balance.
• Burden of Proof: If there is a dispute about who agreed to what (loan responsibility, possession, side agreements between co-owners), the outcome can hinge on documents like the retail installment contract, title records, insurance records, and written communications.
• Exceptions: The “and/or” titling distinction under Florida law can change who must sign for lien-related actions, and lender requirements may not match what co-owners believe the title allows—creating traps that can worsen liability rather than end it.

Trying to handle this alone can lead to costly missteps—especially where the lender, the DMV/title record, and the co-owner’s cooperation (or lack of it) all affect what can realistically be negotiated or enforced.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.