How to Remove One Name from a Texas Car Title

Navigating the intricacies of vehicle ownership can sometimes be complex, especially when changes occur in your personal circumstances. If you find yourself needing to handle two names on car title how to remove one texas, understanding the correct legal and administrative procedures is crucial. This comprehensive guide will walk you through the necessary steps to update your Texas car title, ensuring a smooth and legally compliant process. Whether due to divorce, sale, gift, or the passing of a co-owner, removing a name from a jointly held title requires specific documentation and adherence to state regulations.

Understanding Texas Car Titles with Multiple Owners

two names on car title how to remove one texas — How to Remove One Name from a Texas Car Title

When a car title in Texas lists two or more names, it signifies joint ownership. The way these names are listed, often with conjunctions like “AND” or “OR,” can significantly impact how a name can be removed. Understanding these distinctions is the first critical step.

Joint Ownership Types: “AND” vs. “OR”

The conjunction used between co-owner names on a Texas title dictates the requirements for transactions, including removing a name.

“AND” (e.g., “John Smith AND Jane Doe”): This means both owners must typically sign off on any transfer of ownership or major changes to the title. If one name needs to be removed, both parties (or their legal representatives) usually need to agree and sign the necessary paperwork. This provides a higher level of protection for each owner, as neither can act unilaterally.
“OR” (e.g., “John Smith OR Jane Doe”): This signifies that either owner can act independently to transfer ownership or make changes to the title. If you have an “OR” title and wish to remove one name, the process might be simpler, as only the remaining owner might need to initiate the process, sometimes with the signature of the departing owner. However, for a clear record and to avoid future disputes, having both parties acknowledge the change is always recommended.
No Conjunction: If there’s no explicit “AND” or “OR,” the Texas Department of Motor Vehicles (TxDMV) generally assumes an “AND” relationship, requiring both signatures for most transactions. Always clarify with your County Tax Assessor-Collector’s office if unsure.

Knowing this distinction from your current title is essential before proceeding, as it influences the required signatures and paperwork.

Why You Might Need to Remove a Name

Several life events necessitate changing a vehicle title to remove a co-owner:

Divorce or Separation: One of the most common reasons. As part of a divorce settlement, the vehicle may be awarded solely to one party, requiring the other’s name to be removed from the title.
Gifting the Vehicle: One owner may wish to gift their share of the vehicle, or the entire vehicle, to the other co-owner.
Selling the Vehicle to the Other Owner: Similar to gifting, but involves a monetary transaction where one owner buys out the other’s share.
Death of a Co-Owner: If one of the titled owners passes away, their name must be removed to allow the surviving owner to have sole legal claim and eventually sell or transfer the vehicle.

Each scenario has specific documentation and procedural requirements, which we will delve into. The process of handling two names on car title how to remove one texas involves careful attention to detail to avoid delays or complications.

Key Steps to Remove a Name from a Texas Car Title

The overarching process to remove a name from a Texas car title involves gathering specific documents, accurately completing forms, obtaining necessary signatures, and submitting everything to the appropriate state agency. Here’s a detailed breakdown.

Gather Necessary Documents

Before you visit the County Tax Assessor-Collector’s office, ensure you have the following in hand:

Current Certificate of Title: This is the original, physical title for the vehicle. It must be clear of any alterations and contain both names.
Form 130-U, Application for Texas Title and/or Registration: This is the primary form used for most title transactions in Texas. You can download it from the TxDMV website or obtain it at your local County Tax Assessor-Collector’s office.
Proof of Identity for Remaining Owner(s): A valid photo ID (e.g., driver’s license, state ID, passport) for the person(s) whose name will remain on the title.
Odometer Disclosure Statement (Form VTR-40) (if applicable): Required for vehicles newer than 10 years old (excluding heavy trucks). This form certifies the vehicle’s mileage at the time of transfer. Even if it’s a transfer between co-owners, the mileage needs to be recorded accurately for title issuance.
Release of Lien (Form VTR-265) (if applicable): If there was a lienholder (e.g., a bank that financed the car), you must provide a signed lien release from them, indicating the loan has been paid in full. The new title cannot be issued without this.
Supporting Documentation (e.g., Divorce Decree, Death Certificate, Bill of Sale): This is crucial evidence for why the name is being removed.
- Divorce Decree: A certified copy of the court order awarding the vehicle to one party.
- Death Certificate: A certified copy of the death certificate of the deceased owner.
- Bill of Sale (Form VTR-31R): If one owner is selling their share to the other, a bill of sale detailing the transaction price is necessary.
- Affidavit of Heirship (Form VTR-262) or Small Estate Affidavit: These may be required in cases of a deceased owner, depending on the estate’s complexity and whether probate is involved.

Complete Form 130-U Correctly

Accurate completion of Form 130-U is paramount. Any errors can lead to delays or rejection.

Section 1: Vehicle Information: Fill in the VIN, year, make, body style, and license plate number exactly as they appear on the current title and registration.
Section 2: Purchaser/Applicant Information: This section should be filled out with the details of the individual(s) whose name(s) will remain on the title. Include their full legal name, address, and driver’s license number.
Section 3: Seller Information: This section should be filled out with the details of the individual whose name is being removed. Include their full legal name and address. If the removal is due to death, this section would reflect the deceased owner.
Section 4: Sales Price/Trade In:
- If there’s a monetary transaction (one owner buying out the other), list the actual sales price.
- If it’s a gift or part of a divorce settlement without an explicit sale price, you’ll indicate “Gift” or “No Consideration” in this section. Be aware that even for gifts between non-family members, the TxDMV may assess tax based on the vehicle’s standard presumptive value. For family gifts (parent to child, spouse to spouse), often only a minimal processing fee is applied for tax purposes.
Section 5: Disclosure of Amount of Sales Price: The applicant must affirm the sales price reported.
Section 6: Lien Information: If there’s an active lien on the vehicle that will be paid off or transferred, fill this section accordingly. If the vehicle is clear, mark “None.”
Section 7: Signature: This is where things get critical regarding two names on car title how to remove one texas.

Signatures Required

The signature requirements depend heavily on the original title’s conjunction (“AND” vs. “OR”) and the reason for removal.

The person whose name is being removed: Generally, the individual whose name is being taken off the title must sign as the “Seller” or “Grantor” in Section 7 of Form 130-U. This signifies their consent to relinquish ownership.
The person whose name is remaining: The individual(s) who will retain ownership must sign as the “Purchaser” or “Grantee” in Section 7.
Special Cases:
- Death: If the co-owner is deceased, their signature cannot be obtained. Instead, you’ll typically use a certified copy of the death certificate and, depending on the estate’s size and complexity, an Affidavit of Heirship (Form VTR-262) or a Small Estate Affidavit, which allows the legal heir to sign on behalf of the deceased. In some “OR” situations, the surviving owner might be able to process it directly with the death certificate.
- Divorce: A certified copy of the divorce decree, specifically stating which party is awarded the vehicle, may suffice in lieu of the departing spouse’s signature, especially if they are uncooperative. Always check with your County Tax Assessor-Collector’s office for specific requirements.
- Power of Attorney: If one owner cannot physically sign, a legally executed Power of Attorney (POA) may allow another individual to sign on their behalf. The original or a certified copy of the POA must be presented.

Calculating Fees

There are several fees associated with title changes:

Title Application Fee: A standard fee (e.g., $33.00) for processing the new title.
Sales Tax:
- If there’s a sale price between the co-owners, Texas sales tax (6.25%) will be assessed on the sale price or the vehicle’s standard presumptive value, whichever is greater.
- If it’s a gift between family members (spouse, child, parent, grandparent, grandchild), it’s typically exempt from sales tax, but a $10 gift tax may apply.
- For gifts between non-family members, sales tax is usually based on the vehicle’s standard presumptive value.
New Registration (if applicable): If your registration is expiring soon or needs to be updated, you might pay registration fees as well.
Late Penalties: If you fail to title the vehicle within 30 calendar days of the transfer (e.g., date of divorce decree, date of gift, date of sale), late penalties may apply.

Submitting Your Application

Once all forms are completed and documents gathered, you must submit them:

County Tax Assessor-Collector’s Office: This is where you will finalize the process. Find your local office’s address and operating hours on the TxDMV website.
In-Person vs. Mail: While some basic transactions might be possible by mail, removing a name, especially with supporting legal documents, is best done in person. This allows for immediate review of your documents, correction of minor errors, and clarification of any specific situations related to two names on car title how to remove one texas. You’ll receive a receipt and temporary documentation on the spot.

Specific Scenarios for Removing a Name

The general steps provide a framework, but specific scenarios often introduce additional nuances and required documents.

Scenario 1: Divorce

When a vehicle is part of a divorce settlement, the process to remove a name is often dictated by the divorce decree.

Importance of Divorce Decree: A certified copy of the divorce decree is paramount. It serves as the legal instrument ordering the transfer of ownership. The decree should explicitly state which party is awarded the vehicle and that the other party is divested of all interest.
Spouse’s Signature vs. Court Order: If the divorce decree clearly assigns the vehicle to one spouse and divests the other, the signature of the departing spouse on Form 130-U may not be strictly necessary if the County Tax Assessor-Collector accepts the decree as sufficient proof of transfer. However, if the decree is not explicit, or for smoother processing, having both spouses sign the “Seller” and “Purchaser” sections of Form 130-U is highly recommended. The sales price would typically be listed as “No Consideration” or “Gift” as per the divorce settlement, usually exempting it from sales tax.

Scenario 2: Gifting the Vehicle

Gifting a vehicle from one co-owner to the other is a common scenario.

Understanding Gift Tax Implications: While Texas does not have a state gift tax, the TxDMV does have specific rules for vehicle sales tax on gifts. If the gift is between immediate family members (spouse to spouse, parent to child, grandparent to grandchild, etc.), only a $10 gift tax is typically collected. For gifts between non-family members, the state usually levies sales tax based on the vehicle’s “standard presumptive value” (SPV), which is an average value determined by the state.
“Gift” or “No Consideration” on Form 130-U: On Form 130-U, Section 4 (“Sales Price”), you would write “Gift” or “No Consideration.” You might also need to complete an Affidavit of Motor Vehicle Gift Transfer (Form VTR-14-A) if required by your county.
Signatures: Both parties generally need to sign Form 130-U—the gifting owner as “Seller” and the receiving owner as “Purchaser.”

Scenario 3: Selling the Vehicle to the Other Owner

If one co-owner buys out the other’s share, it’s treated as a sale.

Bill of Sale Importance: A clear Bill of Sale (Form VTR-31R) should be completed, detailing the vehicle information, the agreed-upon sales price, and the signatures of both the seller (the owner whose name is being removed) and the purchaser (the remaining owner). This document helps prove the transaction details.
Sales Tax Calculation: Sales tax (6.25%) will be applied to the actual sales price or the vehicle’s standard presumptive value (SPV), whichever is higher. Be prepared to pay this tax at the time of title transfer.
Form 130-U: The actual sales price should be entered in Section 4 of Form 130-U.

Scenario 4: Death of a Co-Owner

This can be the most complex scenario, requiring careful adherence to Texas probate laws. This is a critical aspect of handling two names on car title how to remove one texas when one party is deceased.

Probate Considerations: If the deceased owner had other assets and a will, the vehicle might be part of the probate process. The executor of the estate would be authorized to sign Form 130-U on behalf of the deceased.
Affidavit of Heirship for a Motor Vehicle (Form VTR-262): This form is often used when there is no will or formal probate, and the estate is small. It allows the rightful heir(s) to claim ownership of the vehicle. All heirs must sign this affidavit, and it typically requires notarization. The surviving owner (who is also an heir) would complete this.
Small Estate Affidavit: If the deceased’s total estate (excluding homestead and exempt property) is worth $75,000 or less and there’s no will, a Small Estate Affidavit might be filed in court. Once approved, the order from the court would allow the transfer of the vehicle.
Texas Estates Code: The process will ultimately be governed by the Texas Estates Code. It’s advisable to consult with an attorney specializing in probate if the situation is complex.
“OR” Titles vs. “AND” Titles for Deceased Owners:
- If the title is “John Smith OR Jane Doe,” the surviving owner (Jane Doe) can often transfer the title into their sole name by presenting the original title and a certified copy of the death certificate to the County Tax Assessor-Collector. This is because the “OR” conjunction implies that either owner has full authority.
- If the title is “John Smith AND Jane Doe,” the process is more involved. The deceased owner’s interest typically becomes part of their estate. The surviving owner will need to follow probate procedures or use an Affidavit of Heirship (VTR-262) to transfer the deceased’s share to themselves before a new title can be issued solely in their name.

Common Pitfalls and Important Considerations

Even with a clear understanding of the steps, certain issues can arise:

Missing Signatures: The most frequent problem. Ensure all required signatures are present and notarized if necessary.
Incorrect Information on Forms: Double-check every field on Form 130-U. A misspelled name, incorrect VIN, or wrong address will cause delays.
Unreleased Liens: If there was a loan on the vehicle, ensure the lienholder has officially released their interest before attempting to transfer the title. Without a release, the TxDMV cannot issue a new, clear title.
Out-of-State Titles: If the original title is from another state, the process will involve an out-of-state title conversion first, possibly requiring additional inspections (e.g., VIN inspection) before you can proceed with removing a name under Texas regulations.
Processing Times: While visiting in person often leads to immediate processing of your application, receiving the physical new title can take several weeks as it’s mailed from the TxDMV’s central office. You will typically receive a temporary registration receipt.
Notary Public: Many forms and affidavits (like the Affidavit of Heirship) require notarization. Plan to have a notary available or visit an office that provides notary services. Many County Tax Assessor-Collector offices have them.

What Happens After Submission?

Once you’ve successfully submitted your application and paid all fees to the County Tax Assessor-Collector’s office, you’ll typically receive:

Temporary Registration: If your vehicle’s registration was renewed or updated as part of the process, you’d get a temporary permit.
Receipt: Proof of your payment and application submission.
New Title Mailed: The Texas Department of Motor Vehicles will process the application and mail the new, updated certificate of title to the address of the remaining owner (applicant) usually within 2-4 weeks. Keep your receipt and any temporary documents safe until the new title arrives. If you don’t receive it within a reasonable timeframe, contact the TxDMV or your local County Tax Assessor-Collector’s office.

For general information on vehicle ownership and maintenance, remember to visit maxmotorsmissouri.com.

The process to remove a name from a Texas car title, while detailed, is manageable if you gather all required documents, accurately complete the forms, and understand the specific requirements for your situation. Addressing two names on car title how to remove one texas involves careful planning, particularly with supporting legal documents, to ensure the new title accurately reflects the vehicle’s legal ownership.

Last Updated on October 10, 2025 by Cristian Steven

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