Divorce Car Title Transfer: How the Car Changes Hands

After a divorce, the spouse awarded the car usually needs either a certified copy of the decree that awards the vehicle or a title signed over by the other spouse to get it into their own name. Texas spells this out: if the decree awards the vehicle, you give a certified copy of the decree to your county tax office and apply for title, and if it does not, a properly assigned title signed by your ex-spouse is required, per the Texas DMV as we read it on Nov. 5, 2026. Any loan on the car is a separate problem, since a court order does not change who the lender can collect from.

Why the title has to change

A divorce decree decides who gets the car, but the state title record still lists whoever was on it before. Until that changes, the other spouse may still be tied to the car for registration, tickets and liability. It also blocks a sale later, since a buyer needs a title in the seller's name. Get the title updated soon after the divorce is final, while both people are still easy to reach for signatures.

Texas

The Texas DMV page treats divorce as its own category. A certified copy of a decree that awards the vehicle is enough to apply for title at the county tax office. If the decree is silent on the vehicle, you need the ex-spouse to sign the title. Our Texas title transfer guide covers the county office steps and forms.

California

The California DMV handles name changes, including adding or removing an owner, with a corrected title and a Statement of Facts (REG 256). Family transfers use the same form. How the names are joined on a California title matters: titles joined with OR can often be signed by either owner, while AND requires both. Check the wording before you plan around a signature. Our California title transfer guide covers the general process.

The loan problem

If there is a loan on the car, the lender holds the title or a lien on it, and both spouses who signed the loan stay responsible until it is paid or refinanced. A decree that gives the car to one spouse does not remove the other from the loan. The usual fix is for the spouse keeping the car to refinance in their own name, which pays off the old loan. Our guide to a lien release explains how to confirm the old loan is closed. The CFPB auto loan resources can help you compare refinance offers.

Buying a car from a divorcing seller

Divorce sales come up often, and they are usually fine. The risk is a seller who is not the only owner on the title, or who sells before the court has decided who gets the car. Make sure every owner on the title signs, or that the seller has a decree awarding them the car. Run the VIN through an NMVTIS provider for brands and check for an open lien. We have seen buyers pay one spouse in full while the other still held half the title, which turned a simple purchase into a dispute.

Selling soon after the divorce

Many people sell the car shortly after a divorce, either to split the money or because they cannot afford it alone. Do the title change first if you can, so the buyer deals with a single owner. If both names are still on the title, plan for both to sign at the sale, or check if your state allows one owner to sign based on how the names are joined. A buyer who sees two names and one signature will rightly hesitate.

Insurance and registration

Update the insurance as soon as the car is yours alone. A policy still in both names can cause trouble with a claim, and a lapse can bring registration penalties in some states. Registration addresses also matter, since renewal notices and toll bills go to the address on file. Changing the title, registration and insurance together keeps the paperwork in line and makes a later sale simpler.

Checklist

• Get a certified copy of the decree, or the ex-spouse's signature on the title.
• Check whether the title says AND or OR between names.
• Refinance any joint loan into one name.
• Update insurance and registration.
• Pull a history report before you sell or insure it.

What the report costs

As of early November 2026 a CARFAX bought direct usually costs around $44.99, and AutoCheck sits a little lower. We are a licensed CARFAX and AutoCheck reseller, not affiliated with CARFAX, AutoCheck or Experian. Our guest price has been about $5.50 a report, about $4.50 for members, and about $6.75 for a CARFAX and AutoCheck bundle. Confirm the price at checkout, since it can change.

Sources

• Texas DMV: buying or selling a vehicle
• California DMV: title transfers and changes
• CFPB auto loan resources
• NMVTIS, U.S. Department of Justice