If you are in the process of a legal separation or divorce in the state of New York, the last thing you want to add to your list is the hassle of changing the legal names on a vehicle certificate of title. So, to make this process as painless as possible, we’ve compiled an easy guide on how to transfer a car title after divorce in New York.
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In order to fully understand this type of title transfer, it’s helpful to become familiar with how the state approaches property during legal separation. In this article we will cover the following key points:
- How New York treats property division during a divorce
- How to change your name on a car title after a divorce
- How to transfer your New York car title after a divorce
- How to change a name on a car title if your ex refuses to sign it
Here we go…
New York state does not follow the 50/50 law during a divorce. Meaning that properties are not split down the middle or according to who owns what. Rather, marital property is divided according to what the courts deem fair. This is called “equitable distribution,” and can result in a vehicle that is jointly owned being awarded to one party over the other, regardless of who was the primary owner. A title transfer must then occur, shifting legal ownership to only one spouse.
This leads us to the next possible step:
If you changed your last name upon marriage and choose to return to your original last name, any legal documents should reflect this change. A vehicle title is no exception. Luckily, the name change process is very simple and straightforward. Here are the steps to changing your name on a car title:
- Have proof of your name change on hand. This would typically include the divorce decree as well as the legal name change documents showing a court-approved change of your name.
- Update your driver’s license. A quick trip to the DMV to update your new (or original) last name on your state-issued driver’s license will make all other legal name changes elsewhere much faster and simpler.
- Apply for a duplicate title using Form MV-902 which is the same document utilized for legal name changes.
Now, on to transferring vehicle ownership:
- Gather your documents. You will need:
- A certified divorce decree
- Vehicle description – make, model, year, VIN, odometer reading
- All necessary DMV forms completed, including a Notice of Transfer and/or Release of Liability and a Title Transfer form. Be sure to heed any stipulations listed in the divorce decree as well as the fact that your ex-spouse may need to provide their signature.
- You can now submit your paperwork online at eTags.com or in person at the DMV.
- Have your payment method ready to cover all transfer and processing fees.
Keep in mind that if you are moving to New York from the following places, your title transfer form must be signed and notarized by a notary public:
- Washington
- Ohio
- Arizona
- North Carolina
- Louisiana
- Montana
- Hawaii
- Oklahoma
- Wyoming
- Kentucky
- Mississippi
- Nevada
- Pennsylvania
- Alaska
- Puerto Rico
Now, in the circumstance that things go slightly less smoothly than you anticipated:
While the process of changing ownership on a title is fairly simple, it can get sticky if your ex-spouse refuses to communicate with you in order to facilitate the title transfer. Fortunately, New York courts offer a resolution for this situation.
In this scenario, the most effective option is to request that a judge hold your ex-spouse in contempt of court if they fail to sign the document. Should your ex still refuse to sign over the title, you now have legal recourse; a contempt of court charge carries the penalty of a $250 fine or up to six months in jail.
In the off chance that these repercussions still don’t encourage your ex to sign the title, you can request a copy of the title and submit a certified court order showing that you were awarded the vehicle.
Update Your Title Online With eTags
If you need to add, remove, or change a name on a New York certificate of title, we’ve got a team of trusted title specialists at eTags ready to lend a hand with the application and processing of all your paperwork online! We can also facilitate a duplicate title order if your original title has been lost or damaged. Come visit us and let us guide you through…because as always, at eTags, we’re here to help!
