Removing Name From Car Title After Divorce

On January 13, 2024
No Comments
Author - Steve Momot

After a divorce, one of the things that often needs to be handled is removing an ex-spouse’s name from the title of a vehicle you intend to keep.

This process can be straightforward if your ex cooperates, but things can get trickier if your ex refuses to sign over the title.

Here are some steps you can take if your ex cooperates (Below are the steps to take if they don’t cooperate):

Step	Action
1	Locate the vehicle’s title certificate
2	Have your ex sign the title as the “Seller/Transferor”
3	You sign as the “Buyer/Transferee”
4	Fill out any other required information like odometer reading
5	Submit the signed title to your state’s DMV with the required transfer fees

Step For Removing Name From Car Title After Divorce

*These steps are spelled out in more detail below

Relevant Articles To Read:

My Ex Forged My Signature on a Car Title

What If My Ex Refuses to Sign Car Title?

When an ex-spouse refuses to sign over the jointly owned car awarded to you in the divorce, several options exist to force the issue legally:

Option	Steps
Court Order	1) Go back to court 2) Request the judge hold your ex in contempt 3) Get court order for your ex to sign over title
Title Transfer Through DMV	1) Provide divorce decree awarding you the vehicle 2) Submit registration, evidence of ex’s refusal 3) DMV may issue new title in your name alone
Hire a Title Service	1) Hire a company to pursue title transfer 2) They track down ex and serve paperwork 3) Potentially take ex to court if needed
Sell the Vehicle	1) Sell the vehicle 2) Use divorce decree to establish rights to sale proceeds

ex refuses to sign car title

File for contempt of court: You can motion for a contempt order if violating the decree terms. If found in contempt by the judge, penalties aimed to compel signing title over may be ordered, like fines or jail time.

Amend the decree: Ensure the vehicle’s VIN, make, model, and year are clearly listed as awarded to you. This allows you to bypass the need for a signature.

Bring decree proving award: Some states let you bring just the decree with vehicle details to the DMV for processing the new solo title without the ex’s signature.

Refinance into your name: Taking over loan payments solely in your name can help convince the ex to sign over title since removing liability.

Steps to Transfer a Car Title After Divorce

Follow these main steps to transfer a jointly owned car’s title from your ex’s name into just your name after divorce:

1. Gather Documents

You’ll typically need:

Original title showing your name – plus ex’s name to remove

Certified divorce decree copy specifying vehicle awarded to you
Proof of solo insurance on the car in some states
Valid photo ID like a driver’s license

Key Details Needed: The decree or title must list the car’s VIN, make, model, and year. If missing, amend the decree first.

2. Visit Your Local DMV

Bring your documents to the DMV to transfer title. Some key notes:

DMV clerks guide you through state-specific forms and fees ($10-$115 typ.).

Some states let you submit paperwork by mail instead.
Expect new title in the mail within 2-6 weeks after processing.

3. Consider Vehicle Loans

If you had a joint car loan, the lender still views you both as liable even after divorce.

To protect yourself, consult an attorney to ensure the assigned owner pays on time per the decree terms. Or…
Refinance the loan into your name only to remove your ex’s liability.

State Specific Examples

Georgia

Submit the current Georgia title, a title application form (MV-1), your valid Georgia driver’s license, and a certified copy of the divorce decree to your county tag office.

There is an $18 name change fee. You can keep the same license plate if you are the remaining owner.
If there is still a lien, the title must be released by the lienholder before removing the name.

Florida

Fill out a title application form, sign the title as the seller, put your ex as the buyer, and submit to the DMV with the title transfer fee.

Or submit an Application for Surviving Spouse Transfer (Form HSMV 82152), along with the title and marriage certificate. There is a $10 expedited processing fee.

Washington

Get a certified copy of the divorce decree from court, specifying vehicle details like VIN. Take to DOL vehicle licensing office to transfer title.
Can also file a Motion to Clarify the divorce decree to add vehicle details if needed.

Required documents are listed on DOL website for personal and business name changes on titles.

When Refinancing is Allowed
Under 10 years old and <100k miles
At least 1 year into original loan term
You qualify income-wise solo
Car holds equity (Loan balance < car value)

This removes your ex from the loan but doesn’t affect needing their name off the title.

Tips to Smoothly Remove an Ex from Car Title

Here are a few additional tips for making the car title transfer process after divorce as seamless as possible:

Immediately sign any title transfer paperwork requested post-divorce. Same for your ex.
Check the DMV website for your state’s procedures – forms vary by location.
Call ahead to the DMV and see if an appointment pre-screens documents to expedite the process faster.

Keep copies of all documents for your records throughout in case issues arise later.
Transferring title can take 4-8 weeks typically, so be patient waiting for the new title.
Reach out to a divorce lawyer for advice if hitting snags transferring ownership legally.

Can My Ex-Spouse Keep the Car After Divorce?

Whether your ex keeps the vehicle depends largely on three factors:

Who’s name is on the title: If it’s only in your spouse’s name, some states still see it as marital property to split. Vehicles owned before marriage usually remain that spouse’s separate asset.
State property division laws: “Community property” states tend to split assets 50/50. “Equitable distribution” states aim for a fair split based on multiple factors.

Who mainly drives the car: Judges often award the vehicle to whoever drives it more, especially in equitable distribution states.

So in contested divorces, the court ultimately decides who keeps the car if you can’t agree. Next we’ll explore the title transfer process itself.

My Final Thoughts

While removing an ex-spouse from jointly owned car titles and loans seems complicated up front, this guide has outlined the key steps both cooperatively and if challenging. Treat it like any vehicle sale but with extra divorce decree documentation. If you have further questions, consult a local family attorney for advice.

Sources For This Article:

https://www.etags.com/blog/how-to-get-car-title-in-your-name-after-a-divorce-in-florida/

Steve Momot - Author

Steve, a seasoned expert in the automotive industry, formerly held a car dealer license in Florida. With extensive experience spanning across car trading and mechanical work, he founded Autohitch. His mission? To guide both buyers and sellers through the intricate maze of car purchasing, ensuring a seamless and informed experience. Outside of the automotive world, Steve has a passion for fishing and capturing the beauty of nature through photography.