One of the documents that prove you as a car owner is the car title issued by the Department of Motor Vehicles (DMV) or other bodies responsible for vehicle affairs in a country.
A car title may have single or two names on it depending on the individual. In the case where two names are on the title, both parties are co-owner of the car.
However, since they are both owners of the car, can one person sell it without the consent of the other? If two names are on a car title can one person sell it?
If two names are on a car title, one person can sell it, but the seller must get the permission of the other co-owner before proceeding with the car sale because as a co-owner, he/she also has equal rights and obligations to the vehicle.
Can You Have Two Names on a Car Title?
Yes, you can have two names on a car title.
Two names on a car title simply mean both persons are co-owner and have equal rights to the car. They get to make decisions pertaining to the car together.
Oftentimes when two names are on a car title, it will either be that of a husband and wife (married couple), a child, or either the parents or other relatives. Having two names on a car title can be very beneficial in many ways.
If Two Names Are on a Car Title Can One Person Sell it?
Yes, one person can sell a car even if two names are on the car title, howbeit, under certain conditions.
When two people decide to have their names on a car title, they also have to decide on what clause/conjunction they want between their names. The clause to choose from is either ‘OR’ or ‘AND’.
Using ‘or’ between both names means either of the parties can sign and do as he pleases with the car without the other party being present but of course with their permission while using ‘and’ means both parties have to be present and jointly make a decision as it pertains to the car.
For one person to sell a car, if two names are on the car title, then the clause between their names on the title has to be ‘OR’.
Do Both Parties Have to Be Present to Transfer a Car Title?
No, both parties do not necessarily have to be present to transfer a car title.
To transfer a car, in the case where two names are on the car title, the two persons whose names are on the title have to append their signatures, which means they both have to be present to do so. This is however not compulsory depending on the clause on the title.
Both parties do not have to be present to transfer a car title if the clause on the car title states ‘or’.
Having ‘Or’ on the car title makes it possible for either of the parties to transfer the car without the other party being present.
Although the other party does not necessarily have to be present for the car title to be transferred, their permission must be sought. You must get their consent otherwise it will be considered a criminal act since you co-own the car.
How to Sell a Car with Two Names on the Title
In the event that there is a need to sell the car with two names on the title, you will need to do the following:
Consider the Order in which the Names are Written
The order in which the names are written usually on the back of the title should be taken into consideration as it will help you determine who can sell the car between the parties. The clause ’or’, ’and’ or ‘or/and could be used.
Where the clause ‘and’ is used, it means both parties have to be present when the car is sold. On the other hand, if the clause ‘or’ or ‘and/or is used, either of the parties can be there for the car sale.
Seek the Consent of the Other Party
In the event that the clause ‘OR’ or ‘AND/OR’ was used on the title which typically means only one person can be present for the sale, the party that wants to do the selling must seek permission from the other person before proceeding with the sale.
If one party decides that there is no need to inform the other party in order to get their consent then it can be considered a crime that is punishable.
How Do I Remove a Co-owner From a Car Title?
To remove a co-owner from a car title you should first check out what the state procedure is regarding it. In most states the following works in removing a co-owner from a car title.
- Get the Necessary Documents: Before going ahead with the name removal, you must get the necessary documents ready. Documents like driver’s licenses from both parties, insurance documents, and affidavits if needed should be made available in order to save time.
- The Co-owner Should Fill Out a Form: At the back of the title, there is usually a form for transfer of ownership, the co-owner should fill it out. There may be a need for both parties to fill out the form depending on the clause on the car title. In this case, you will fill the space for both the seller and buyer and the other party fills just for the seller.
- Get in Contact with the DVM: You will need to get in contact with the DVM either by visiting the office or by phone in order to confirm the best way put the car title transfer in effect. Some offices will prefer you to come down to the office to complete the process while others have an option for you to send it via mail.
- Update your Insurance Information: Since the title now has a single name, the insurance must also have a single name. Changing the name on the insurance is as important as removing the name on the title.
Conclusion
One person can proceed with selling a car where there are two names on it, however, the other person whose name is also on the car title should be fully aware of the idea and gives his consent.