Going through a divorce is difficult financially and emotionally. Part of what makes it so hard to go through is dividing up your belongings. Couples in New York who are going through a divorce can find themselves in a tough spot when it’s time to decide who gets the car. In many situations, it’s not done after the divorce is finalized because a car could be jointly owned. If you find yourself in this situation, knowing how to change your New York vehicle title after a divorce, by removing a name, makes the painful process a bit more tolerable. Essentially, it works like a New York title transfer.
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New York is an equitable distribution state versus community property states like California
Changing or removing a name on a car title depends on a few factors
For one, if your ex agrees to give you the vehicle then you can easily remove their name off the title. This doesn’t even need to wait until after the divorce. Yet, as many divorces go, both parties may not agree to who gets what.
In a scenario like this, the process looks different depending on what state you live in. New York is an equitable distribution state. That means that marital assets are split up based on fairness, even in some cases where only one name is on the car’s pink slip or certificate of title.
Let’s say one partner needs the car to drop their kids off at school or for their work as an Uber driver. A court in New York may rule that the partner who needs the vehicle more will remain its owner. Community property states like New Mexico and California will split up property 50/50 no matter the situation. For New Yorkers, the court decides who will stay on the title if the married couple can’t come to an agreement.
You can still change or remove the name on a title even if your ex refuses to sign it
You need the title notarized, if you live in certain states
After the divorce agreement is finalized, it can be easy to change or remove a name off of your car’s title certificate. In New York, it can be simple in the case that your ex signs the title in the transfer ownership section to reflect the divorce agreement. You would need to sign as well to agree that you accept sole ownership of the vehicle. Also, they would need to fill out the Damage Disclosure Statement section and the Odometer Disclosure Statement section of the certificate of title if the car was made after 2011 (with some exceptions).
Keep in mind that the certificate of title needs to be signed and notarized if the original vehicle title is registered in the following areas:
- Alaska
- Arizona
- Hawaii
- Kentucky
- Louisiana
- Mississippi
- Montana
- Nevada
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- Washington
- Wyoming
- Puerto Rico
Refusing to cooperate with the court after a divorce decree in New York may result in a $250 fine to jail time
What if your ex refuses to sign over the car’s title
However, this doesn’t always happen because of how emotionally charged divorces get. The process becomes a bit trickier if your ex refuses to sign over the car’s proof of ownership after the court reaches a decision. Your ex will likely be charged with contempt, which can mean anything from a $250 fine or even half a year of jail time in New York.
After this, you can get a copy of the title if your ex withholds it from you unless the vehicle was made in 1972 or before. In that case, you would need the original NY State Transferable Registration or transferable registration and a bill of sale. Otherwise, If you have a copy of it already, you can submit a certified court order that shows you’ve been awarded the vehicle.
SEE ALSO: VEHICLE EMISSIONS TESTING
What other documents do you need to add or change a name on a NY car title?
You’ll need to submit your divorce papers in the event that you’re changing your last name. The divorce papers must explicitly say that you’re changing your name. You’ll also need a bill of sale (Form MV-912) signed by the car’s owner. Owners will need to fill out a Statement of Transaction (Form DTF-802). After that, you just need to submit any relevant title transfer fees and taxes. The NYS DMV charges $50 to transfer a pink slip (minus any other county fees or surcharges).
A name change on a car title is essentially like a title transfer
What if there’s a loan on your car title?
If the automobile isn’t paid off, the lender’s name may appear on the title as well. This implies you have a car loan that must be paid off before selling or transferring ownership. You need to remove your ex’s name from the title to finance the vehicle alone. Every case has exceptions, which make it that much more confusing. We’re here to help with any questions you may have about transferring your title.
To add or remove a name on a New York certificate title, you can trust the title specialists at eTags to help you apply and process the paperwork, online! You can also order a duplicate NY title in case you can find the original one you had with your ex. Just skip the NY DMV and do it all with an app!
