For our Florida friends going through a divorce, we know that the last thing you want to think about is having to transfer a vehicle title from one ex to the other. So here at eTags, we wanted to make this part of the process a bit simpler. Here’s what we’ll cover in this article:
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**How Florida Treats Property Division During a Divorce
**How to Transfer Your Vehicle Title After a Divorce in Florida
**How to Change the Name on a Title if Your Ex Refuses to Sign It
**How to Change Your Name on a Car Title After a Divorce
Let’s get into it:
How Florida Treats Property Division During a Divorce
Before we get into title transfers after a divorce in Florida, it’s important to understand how the state approaches property division during a separation. Florida is an equitable distribution state, meaning that property is allotted equally in most cases. That said, a judge does have the right to assign a jointly owned vehicle to one spouse over the other based on his/her discretion. Which, of course must result in the title being transferred from one ex to the other.
How to Transfer Your Car Title After a Divorce in Florida
Here is the process for transferring a vehicle title after a divorce in the state of Florida:
- Gather required documents and information: A title transfer after a divorce requires all the same information as a conventional transfer, in addition to any applicable divorce documents. You’ll have to provide the following:
**Certified divorce decree
**DMV forms: Application for Title and Odometer Disclosure
**Original certificate of title
**Lien satisfaction documents, if applicable
- Complete any necessary paperwork: Fill out the title transfer forms provided by the DMV and review your divorce decree for any specific instructions. The forms may require your ex-spouse’s signature.
- Submit forms online or to the DMV: After gathering all necessary documents, info, and completed forms, visit eTags.com or make an appointment and visit a local FLHSMV office to initiate the title transfer. Make sure you have payment ready to cover any title transfer fees.
How to Change the Name on a Title if Your Ex Refuses to Sign It
When a vehicle changes hands, the original owner or former joint owner needs to remove their name from the title by signing as the seller on the back of the document. However, if the former owner is an uncooperative ex, it could make the transfer a bit more complex. However, Florida has a way of working with these kinds of situations. When an ex refuses to sign, you have the recourse of obtaining a court order. If you submit your title transfer request along with the conveyance page of your divorce decree, you can complete the transfer without involving your ex.
How to Change Your Last Name on a Vehicle Title After Divorce
If you choose to reclaim your original last name following a divorce, you’ll need to update your vehicle title to reflect this change. Fortunately, the process in Florida is virtually identical to changing your name on a car title after getting married. Here’s what you’ll need to do:
- Gather the documents: You’ll need to present the divorce decree, along with documentation of your name change request.
- Update your driver’s license and registration: Go to the FLHSMV to update your driver’s license with your new name before moving onto your vehicle title. Carrying a driver’s license that reflects your updated name makes it easier to update your name elsewhere.
- Apply for an update title: Once you change your name on your driver’s license, the FLHSMV will automatically update your electronic title to reflect this. However, in order to obtain a new paper title, (and registration), you’ll need these forms: Title Application and Application for Reassignment
Remember, for all your title an registration needs, you’ve arrived in the right spot. So if you need a hand at any point in this journey, don’t hesitate to reach out to us. Because as always, at eTags, we’re here to help!
17 comments
My divorce was final a little over a year ago. In the court documents we were both awarded our own separate vehicles that are both paid off. The titles are held in both of our names with OR not AND. Can I just hand him his title and I take mine without signing anything?
If yes the above answer is yes…
Do I have to have a title reprinted in just my name on it or can I keep it the way it currently is and when I go to sell the car, I would be the only seller that needs to sign it over to the buyer? (Not requiring my former spouses signature to sell.)
Lastly, are there any legal ramifications for either one of us if I keep him on title until I sell?
For confirming if there are any legal ramifications for leaving his name on the title of the vehicle you took possession of, please speak with your attorney as your divorce may stipulate that you must transfer the title solely to your name or other requirements.
As it pertains to the DMV and what they will require; If the title has your names separated by “OR”, you can sell the vehicle just with your signature as the seller.
I have been Divorced since 2021 and I need my ex spouse off the title my car is paid for all by me and was. and is my full responsibility.. please let
Me know where I need to go from here
If you have cordial contact with your ex-husband, you can have him sign the FL title over to you. He would sign as the “seller” and you would “sign” as the buyer. You would then take the title to any FL tax collector office or tag agency or use eTags online transfer service to get a new title with just your name on it. If you do not have contact with your ex-husband and so cannot get him to sign the title over to you, then you will need to seek legal counsel in order to obtain full, legal ownership of the vehicle. Best of luck.
I am waiting on the divorce decree. My name and my soon to be ex husband’s name are on the title stating ‘or’. I will be keeping the car and I drive the vehicle, only. He will be making all payments. What steps do I need to take to get his name off the title and get it in my name only? Thanks
Since the title is being held by a financial institution, it is best that you handle everything with the lien holder. They will either handle the title transfer on their own OR send the paper to their local tag agency to have the transfer of ownership processed. It is at the lien holder’s mercy.
Thank you for posting an interesting article like this. I learned a lot from this. Keep on posting!
How do I remove my name from a title? It’s joined by OR not AND on the title. Divorce is pending. No contact is in place. I don’t want to be liable for his actions during this process.
Hello! Unfortunately, this might not be easy if no contact is in place. You’ll both need to sign the titles as sellers and he will need to sign as the buyer. Then technically, he as the “buyer” would complete the transfer. Good luck!
im divorced and title in both names, what do i need to do or need to bring with me to put title of car in my name? the car paid off and i made all the payments
Hello
Thank you for your comment! You’ll need the title signed over by the co-owner. They will sign as the seller and you will sign as the buyer. As there is no purchase price, leave that section blank. If you’re looking to only transfer the title you’ll just need your driver’s license. If you’re looking to register the vehicle in your name alone as well, you’ll need to also provide valid vehicle insurance in your name. You can do this in person at the DMV, however, the experts at eTags can confidently transfer your title into your name online from the comfort of your home. Visit our website and place an order for a title transfer to get started!
My ex husband was arrested for assault with a deadly weapon in June 2020. We were divorced in July 2019. There is a NO CONTACT order in place. The extra truck we owned has been abandoned in non working condition on our rental property. I am looking to move to a different state. How do I obtain a replacement title?
Sorry to hear that you have experienced that. If both of your names are on the FL title and separated by the word “or”, you alone can request a duplicate title with eTags.com . If your names are separated by “and”, either his signature will be required or you will need to provide official documents proving you have been awarded sole ownership of the vehicle.
I recently requested a title transfer to take my ex off of my car’s title.
Today I received a letter from the florida department of revenue saying I owe 2k in taxes.
I owned the car with him from day one and the car was declared mine in our divorce paperwork.
What do I do?
Unfortunately, we cannot provide legal advice regarding divorce proceedings.
Please contact the Florida Department of Revenue at 850-488-6800 for assistance in this matter.
Me & my husband are divorcing and both of our names are on the title. The title is online at DMV. No lien and he’s agreed to take his name off so we can file for a simple uncontested divorce. What do we do?
Hi there, here’s a response form our agents: Since the husband seems to be willing to cooperate, the wife would submit an order for and eTitle with both IDs. Once she has that title she will need to request a transfer so she can remove his name. The first service needed is “Replace lost title or get e-Title printed” & the second service needed is “Transfer your title”. You can do all this online at:
https://www.etags.com/app/fl?utm_source=blog_question