When a couple is going through a divorce, the court oversees the division of marital property among other issues. If you and your spouse jointly owned a car, both of your names are likely on the title. If the other party ends up getting the car in the divorce, you may have to turn it over to their name only so your name is no longer attached to it.
Car ownership basics
To transfer a car title during a divorce, both you and your spouse must complete two basic steps in order for the process to be valid:
- Complete the title and sign it
- Submit the form in person at the DMV
To release ownership of a car, you must sign it on the correct line in the document. This is typically called the "Assignment of Title" section of the document, which includes lines for your signature, date, and odometer reading. Some states require you to sign in front of a notary public, so check your local requirements.
Once signed, you no longer own the vehicle, but your spouse must still complete the transfer. To do so, your spouse must submit the following documents to the DMV.
- Signed title document: Can be submitted in person or by mail, depending on your state
- Current license plates: Required for processing the transfer
- Additional paperwork: Some states require a bill of sale or transfer form
The state will then issue a new registration and title. Your spouse can receive new plates or transfer the existing ones into their name.
Dealing with car loans
If money is still owed on the car, the lender's name may also be on the title. This means you have a car loan that has to be settled before you can sell or transfer ownership of it. You may be required to appear at the local branch of your lender or complete other paperwork before you can transfer ownership.
As part of your divorce, you may want to request that your spouse refinance any outstanding loan into their name alone. As long as your name remains on the title or loan, the lender can hold you responsible for payments, even if your spouse verbally agreed to take over the debt.
If the court awards the car to your spouse when they divide your marital property, failing to transfer ownership can result in contempt charges. To avoid this, getting your name off the car title should be one of your first priorities.