The best way is for him to sign the title over to you and for you to retain or re title the car. Transferring your vehicle title before during or after a divorce requires someone s permission either your ex s or that of the court.
The other person whose name is remaining on the title will be listed as the buyer.
How to get ex husband s name off car title. If the title lists your name and your ex spouse s name as co owners take it to your local dmv office. However your ex is still responsible for the debt if their name remains on the car loan. The person whose name is being removed from the title should complete the sections on the back of the title certificate as though he or she were selling the car.
Both you and your spouse must sign the current title. The process of removing a spouse is essentially the same process as selling the vehicle to someone else. Click your state to find the cost to transfer titles with your department of motor vehicles or vehicle licensing agency.
The person who is staying on the title would thus be listed as the buyer. You should choose whichever method works best for you. By refinancing the car you are taking out a new loan to pay off the current loan.
Apply the principles of a sale to the change of name. Treat the name change as a sale. Your ex can sign off on the car voluntarily but if he or she doesn t you need a court order usually a divorce decree that gives the vehicle to you.
Another option is for him to sign a contract of sale over to you sign the title and register that way. When you buy or sell a vehicle gift a car or require a name change on a car title after a marriage or divorce you ll usually need to transfer the title. You can remove your ex from the loan using several different methods refinance the loan pay off the loan ask for a substitute loan agreement or sell the car.
You ll both need to sign a change of title vehicle ownership form and return it for processing. Provided you take out the new loan on your own your ex spouse s name will no longer appear within the loan paperwork and you will take over full responsibility for making payments. You can check online or call your state s dmv for details and forms.
Removing your ex from the car s title if the car already paid for is similar and requires working with the department of motor vehicles dmv. As long as your name is on the title or the loan the lender can require you to pay the amount due even if your husband or wife previously agreed to be responsible for it. The party who is having a name removed from the title should fill out the section of the title designated for a car seller.