As we discussed in last week’s blog, transferring personal property between divorcing spouses is not as simple as handing that property over to your spouse and walking away. Perhaps the property in question is in your name only, or in the name of both spouses. Maybe the property has a lien against it.
Whatever the case, additional steps must be taken to have a clear transfer of ownership.
How that is achieved depends on the property type. The first blog, which you can read by clicking here https://nelsonlawgrouppc.com/transferring-personal-property-spouses-financial-instruments/, talked about the transfer of financial instruments (i.e. bank accounts, etc.). This blog will discuss transferring ownership of a vehicle.
Transferring vehicles
When we say vehicles, we’re talking about cars, trucks, motorcycles, aircraft, and boats/outboard motors. Each one has its own set of rules. Below is a breakdown.
- Automobiles – To transfer ownership of an automobile, the title to the automobile must be transferred. If the title is unencumbered, meaning it does not have a lien against it, the spouse who was awarded the automobile can file Form 130-U (Application for Texas Title and/or Registration) with the county tax assessor-collector’s office and attach a certified copy of the relevant pages of the divorce decree. Both spouses would need to fill out the back of the title and sign it – thus creating a properly assigned title. If the title is encumbered, the spouse who was awarded the automobile must wait until the lien is discharged.
- Aircraft – Spouses who need to transfer the ownership of an aircraft must fill out an Aircraft Registration Application and submit it to the Federal Aviation Administration. The application must include the divorce decree.
- Boats & Outboard motors – To transfer ownership of a boat or outboard motor, you must submit the appropriate documentation to the Parks & Wildlife Department or the county tax assessor-collector.
Did you enjoy this blog? Over the next several articles, we will continue to dive into other personal property types and what steps are required to transfer ownership of those pieces of property between spouses.
Next week’s topic: transferring life insurance.
Please don’t hesitate to check our blog archive for more information on this topic or any others that might interest you. And if you would like us to discuss a particular family law topic in these blogs, please contact our Nelson Law Group, PC. Transferring Personal Property Between Spouses – vehicles
