A car needs to be titled before it can be legally driven on the roads. Driving an untitled car on the road equals looking for trouble where there is none. What are you going to tell the police officers when they pull you over?
As a newly married husband and wife, do you need to buy a car together and have it titled in your name? Should husband and wife have both names on the car title?
Yes, husband and wife should have both names on the car titled to ease the stress of transfer of ownership if one of the couple passes away.
Should Husband and Wife Have Both Names on Car Title?
Yes. But, the answer to this question should not be given by any random person. It is something the couple should sit down and think thoroughly before making their final decision.
This is because there are several disadvantages of titling both names on a car as well as legal consequences. There are also several advantages to this. The worst part is both the advantages and the disadvantages are serious, making it difficult for anyone to give you the best answer.
However, there are so many factors to consider before having both names on your car title. One of those factors is what the law of your state of residence says about joint ownership to avoid exposure to liability arising from an auto accident.
You don’t want to end up having both names on the car title that will expose your account should one of you crash the car.
For example, let’s say you have a joint account with money in it, your wife gets involved in an accident with a car that is titled in both your names and is at fault, the money in the account will not be protected, rather, it will be exposed, hence why it is advisable to title the car in one name.
Reasons Husband and Wife Should Not Have Both Names on Car Title
Reasons why husband and wife should not have both names on a car title are:
1. To Limit Liability in an Accident
Not having your name and your wife’s name on a car title will limit the liability both of you get in the event of an accident.
This is because liability is accessed on who owns the car as well as the person driving it when the accident occurred.
For example, if your wife was driving the car and caused an accident. She will be liable for the accident considering the fact that she owns the car and it’s titled in her name alone.
However, if the car is titled in both names, both husband and wife will be liable for the accident when liability is accessed.
2. Exposure to Liability
When a husband and wife’s names are on a car title, it exposes both of them to liability in the event of an accident.
For example, if the couple has a joint account where they save money. If they eventually buy a car and title it in their names, it can cause their joint account to be exposed in case of an accident.
Since liability is accessed by who owns the car and the person driving. If the wife was driving the car when the accident occurred and she appears to have caused the accident, having both names on the car title will expose the account.
However, assuming the car is titled to the wife alone, the couple won’t have to worry about having the account exposed.
Advantages of Having Husband and Wife Name on Car Title
The pros of having husband and wife’s names on the car title are:
The Car Can Easily be Sold
In the event of death, having both husband and wife’s names on the car title will make it easy for the one to easily sell the car especially if the title is issued with ‘or’.
For example, if the names on the car title are ‘John Brown or Jennifer Brown’, either of them can easily sell the car without the signature of the other. But if the names on the title are ‘John Brown and Jennifer Brown’, both must sign the title to transfer it.
You Can Easily Transfer the Title
Having both husband and wife’s names on the car title can ease the stress of title transfer. If for example, the name on the car title is ‘John Brown or Jennifer Brown’, either of the couple can transfer the title without the other’s signature.
Therefore, if one of the couples dies, it will be very easy for the other to transfer the title to his or her name.
No one wishes anyone to divorce, but in case it happens, in most states, the car would be included in the common property and would belong to both spouses regardless of whose name appears on the title. The loan for the car would also belong to both.
For more information, you can read the benefits of having both names on the car title. The article explains in full detail the 10 benefits you can get when a car is titled on both names.
You can also watch the video below made by the LawTube YouTube channel for more insight about removing a deceased spouse’s name from the car title.
How Do I Add My Spouse to My Car Title in Florida?
You can add your spouse’s name on the car title by visiting any of the Department of Highway Safety and Motor Vehicle offices close to you.
Conclusion
A husband and wife can have both names on the car title if they wish. However, they should consider the advantages, disadvantages, and legal consequences before making their final decision. Having both the husband’s and wife’s names on the car title makes it possible for them to both be responsible for the car if there’s an auto loan, vehicle maintenance, and in the event of an accident.
