Removing a co-owner from a car title in Wisconsin is a common process that can arise from various life events, such as a change in personal relationships, a sale, or the passing of a co-owner. This guide will provide a comprehensive overview of how to remove a co owner from a car title in Wisconsin, outlining the necessary steps, documentation, and specific considerations to ensure a smooth and legal transfer of ownership. Understanding the Wisconsin Department of Transportation (WisDOT) requirements is crucial for successfully updating your vehicle’s title.
Understanding Car Co-Ownership in Wisconsin
In Wisconsin, vehicle titles can list multiple owners, typically connected by “and” or “or.” The conjunction used significantly impacts how ownership can be transferred or changed.
- “Owner A AND Owner B”: If the names are joined by “and,” both owners generally must sign any documents to sell, transfer, or modify the title. This signifies joint ownership where neither party can act independently.
- “Owner A OR Owner B”: If the names are joined by “or,” either owner can typically act independently to sell, transfer, or modify the title. This provides more flexibility, allowing one owner to sign off without the other.
- No Conjunction: If there is no conjunction between names, the WisDOT generally interprets it as “and,” requiring both signatures for official transactions.
Understanding this distinction is the first critical step when considering how to remove a co owner from a car title in Wisconsin, as it dictates who needs to be involved in the process. This foundational knowledge ensures you approach the title transfer with the correct understanding of joint responsibilities and rights.
Common Scenarios for Removing a Co-Owner
The reasons for wanting to remove a co-owner are varied, each potentially requiring a slightly different approach or set of documents. Recognizing your specific situation will help you gather the appropriate paperwork and follow the correct procedures.
Voluntary Removal (Both Parties Agree)
This is the most straightforward scenario. Both co-owners are alive, willing, and able to sign the necessary documents to transfer ownership solely to one party. This often occurs when:
- Relationship Changes: A couple separates, and one person keeps the vehicle.
- Gift: One owner decides to gift their share of the vehicle to the other.
- Sale: One owner buys out the other’s share.
In these cases, the process primarily involves filling out a new title application and obtaining the appropriate signatures. The key here is mutual cooperation, simplifying the administrative burden significantly.
Involuntary Removal (Specific Circumstances)
More complex situations arise when one co-owner cannot or will not participate in the title transfer. These often require additional legal documentation or specific WisDOT procedures.
Divorce or Separation
When a vehicle is part of a divorce settlement, a court order dictates who receives ownership. This court order is essential for removing the ex-spouse from the title. The WisDOT recognizes legal mandates, so the process becomes a matter of presenting the decree. The final divorce judgment will specify the division of assets, including vehicles, making it a crucial document in the process of how to remove a co owner from a car title in Wisconsin.
Death of a Co-Owner
The passing of a co-owner requires specific documentation to transfer the title. The exact requirements depend on how the title was originally structured (“and” vs. “or”) and the deceased’s estate planning.
- “OR” Conjunction: If the title lists “Owner A OR Owner B,” the surviving owner can generally transfer the title into their sole name by presenting a certified copy of the death certificate. This is the simplest scenario in the event of death.
- “AND” or No Conjunction: If the title uses “AND” or no conjunction, the situation is more involved. The surviving owner may need additional documents, such as:
- Small Estate Affidavit: If the deceased’s estate is below a certain value and meets specific criteria, Wisconsin law allows for simplified probate procedures.
- Probate Court Order: If the estate goes through formal probate, a court order from the probate court will authorize the transfer of the deceased’s interest in the vehicle.
- Form MV2339 – Statement of Transfer of Vehicles to a Surviving Spouse, Domestic Partner or Heir: This form can often be used for transfers to a surviving spouse or heir without formal probate, provided certain conditions are met. This form is particularly helpful for streamlining the process.
It is vital to consult with the WisDOT or an attorney to understand the specific requirements for your situation, as navigating probate laws can be complex.
Step-by-Step Guide to Removing a Co-Owner
Regardless of the scenario, the core process for how to remove a co owner from a car title in Wisconsin involves several key steps. Adhering to these steps precisely will prevent delays and ensure the title is correctly updated.
1. Gather Necessary Documents
Before starting, collect all required paperwork. This preparation is crucial for a smooth process.
- Original Wisconsin Vehicle Title: This is the most important document. Ensure it is legible and free from alterations.
- Wisconsin Title and License Plate Application (Form MV1): This form is available on the WisDOT website or at DMV service centers. You will use this form to apply for the new title.
- Proof of Identity: A valid Wisconsin driver’s license or state ID card for the remaining owner(s).
- Proof of Ownership Transfer:
- Voluntary Removal: The original title signed by both co-owners (or just the one being removed if the title states “OR”).
- Divorce: A certified copy of the divorce decree or marital settlement agreement clearly stating vehicle ownership.
- Death: A certified copy of the death certificate, potentially combined with a small estate affidavit, probate court order, or Form MV2339 (Statement of Transfer of Vehicles to a Surviving Spouse, Domestic Partner or Heir).
- Lien Release (if applicable): If there is an outstanding loan on the vehicle, you will need a lien release from the financial institution. The new title cannot be issued until the lien is satisfied or properly transferred.
2. Completing the Title Application Form (MV1)
The MV1 form is central to the process. Fill it out accurately and completely.
- Vehicle Information: Provide the vehicle’s year, make, model, and Vehicle Identification Number (VIN) exactly as they appear on the current title.
- New Owner Information: Enter the full legal name and address of the person who will be the sole owner (or remaining co-owner).
- Transfer Details: Indicate that this is a transfer of ownership due to the removal of a co-owner. If it’s a sale, declare the sale price (even if it’s $0 for a gift between family members, you should note “gift” or “$0”). Wisconsin sales tax may apply unless specifically exempt (e.g., transfers between spouses, certain gifts).
- Signatures:
- Voluntary Removal: The co-owner being removed must sign the “Seller’s” or “Assignor’s” section of the existing title, transferring their interest. The remaining owner will sign as the “Buyer” or “Assignee” on the MV1 form.
- Divorce/Death: The remaining owner will sign the MV1. The supporting court order or death certificate serves as the “transfer” document in lieu of the removed owner’s signature on the title.
3. Notarization Requirements
In Wisconsin, specific sections of the title or transfer documents may require notarization to confirm the identity of the signers and the authenticity of their signatures. While the MV1 form itself generally does not require notarization for a standard title transfer, the previous title may require a notarized signature from the seller/assignor, depending on its age and format. Always check the specific instructions on the title document itself or consult the WisDOT if unsure. Notarization adds an extra layer of legal validity to the transaction, preventing disputes.
4. Submitting the Application
Once all forms are completed and signatures obtained, you can submit your application.
- Mail: You can mail your completed MV1 form, original title, supporting documents, and payment to the WisDOT.
- DMV Service Center: For faster processing or if you need assistance, visit a local Wisconsin DMV service center. Some third-party agent services also process title applications.
Ensure you make copies of all submitted documents for your records before sending or handing them over. This provides a safeguard against loss or disputes.
5. Fees and Payment
A fee is required for a new title certificate. This fee can change, so it’s best to check the current fee schedule on the official WisDOT website or confirm at a DMV service center.
Sales tax may also be assessed on the vehicle’s value if it’s a sale between parties who are not exempt. Transfers between spouses, for instance, are typically exempt from sales tax. If the transfer is a gift, and there’s no money exchanged, you typically write “GIFT” or “$0” as the sale price. However, even for gifts, Wisconsin still requires a declaration of the fair market value, and gift tax implications might apply, though that’s generally a federal matter and rarely affects simple car title transfers within the family below significant thresholds.
6. Receiving the New Title
After processing, the WisDOT will mail the new title certificate to the address listed on the MV1 form. This typically takes several weeks. Once you receive it, verify that all information, especially the owner’s name, is correct. Keep the new title in a safe place, as it is a crucial legal document.
Specific Situations and Considerations
While the general steps are consistent, certain scenarios present unique challenges or require additional attention.
Divorce or Separation
As mentioned, a certified copy of the divorce decree is paramount. This document legally authorizes the removal of a co-owner, even if they are unwilling or unavailable to sign the old title. If the divorce decree does not explicitly name the vehicle owner, you may need a separate court order or a clarification from the court. It’s important to clarify all vehicle details in the court order to avoid complications during the title transfer.
Death of a Co-Owner
When dealing with the death of a co-owner, the distinction between “AND” and “OR” on the title is critical.
* If “OR,” present the death certificate.
* If “AND,” you will likely need probate documentation (e.g., Small Estate Affidavit, Order from Probate Court) or potentially the WisDOT Form MV2339, which simplifies transfers for surviving spouses or heirs under specific conditions. This form helps streamline the process by certifying the rightful transfer of ownership without full probate proceedings in many cases.
Gift or Sale to the Remaining Owner
If one owner is gifting their share to the other or selling it for a nominal amount, the process largely follows the voluntary removal steps. However, accurately declaring the transaction type (gift) and value (even if $0) on the MV1 form is important for sales tax purposes. Gifts between certain family members are often exempt from sales tax in Wisconsin.
Lienholders and Loans
If there is an active loan on the car, the lienholder (bank or credit union) has an interest in the vehicle. You cannot remove a co-owner from the title without addressing the lien.
- Refinance: The remaining owner may need to refinance the loan solely in their name. The lienholder will then provide a new lien release for the old title and record a new lien on the updated title.
- Loan Payoff: If the loan is paid off, the lienholder will issue a lien release, allowing you to proceed with the title transfer.
- Lien Transfer: In some cases, the lienholder may agree to simply transfer the existing loan to the sole ownership of the remaining party, but this is less common and depends entirely on the lender’s policies and the remaining owner’s creditworthiness.
Always contact your lienholder first to understand their specific requirements for a title change. They will typically require their own paperwork and approval before the WisDOT can issue a clean title. For more information regarding vehicle financing, consider resources like maxmotorsmissouri.com.
Out-of-State Co-Owners
If a co-owner being removed lives out of state, they can still sign the Wisconsin title and other necessary documents. However, if any document requires notarization, they must have it notarized according to the laws of their state. The WisDOT will accept notarizations from other states. The physical location of the removed owner does not fundamentally alter the process, but logistics for signing and notarizing documents need to be managed.
Important Tips and Common Pitfalls
Navigating government processes can sometimes be tricky. Keep these tips in mind to make the process of how to remove a co owner from a car title in Wisconsin as smooth as possible.
- Double-Check Everything: Before submission, review all forms and documents for accuracy. Even small errors can lead to delays.
- Keep Copies: Always make copies of all documents submitted for your records.
- Consult WisDOT: When in doubt, contact the Wisconsin Department of Transportation directly. Their official website is an invaluable resource, and their customer service can clarify specific situations.
- Timeliness: Complete the title transfer as soon as possible after the event triggering the change (e.g., divorce, death, agreement). Delays can sometimes incur penalties or make documentation harder to obtain.
- Sales Tax Considerations: Be aware of Wisconsin’s sales tax laws. Even if no money changes hands (e.g., a gift), certain transfers might still have tax implications, though many family transfers are exempt. If you’re selling the vehicle, the declared sale price on the MV1 will be used to calculate sales tax.
- Insurance Implications: Remember that changing the ownership on the title may also impact your vehicle insurance. Inform your insurance provider of the change to ensure continuous and proper coverage.
By being meticulous and proactive, you can avoid common pitfalls and successfully remove a co-owner from your car title in Wisconsin. The process, while requiring attention to detail, is well-defined by the WisDOT.
Where to Find More Information
For the most current forms, fees, and detailed instructions, always refer to the official Wisconsin Department of Transportation (WisDOT) website: wisconsindot.gov. This is the primary authority for all vehicle titling and registration matters in the state. They offer comprehensive guides and frequently asked questions sections that can address many specific concerns. Additionally, visiting a local DMV service center can provide direct assistance and clarity on complex cases.
Removing a co-owner from a car title in Wisconsin involves a clear process, starting with understanding the nature of co-ownership, gathering the correct documents, and meticulously completing the WisDOT Title and License Plate Application (MV1). Whether it’s a voluntary agreement, a result of divorce, or the passing of a co-owner, adhering to the specific requirements and providing accurate information will ensure a smooth and successful title transfer.
Last Updated on October 10, 2025 by Cristian Steven
