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Car in two names

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by CindiW, Jan 13, 2023.

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  1. CindiW

    CindiW Law Topic Starter Member

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    Jurisdiction:
    Florida
    Car is registered in two names -- does that mean both have to sign whatever it is they have to sign to sell the car?
     
  2. army judge

    army judge Super Moderator

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    The answer depends on EXACTLY how the vehicle is titled.

    Read on to see WHAT applies to you and the other party, insofar, as the vehicle in question is concerned.

    Titles with two owners
    In Florida, vehicles, mobile homes, or vessels that are owned by two or more owners can have the ownership joined by either an “and” or “or.”

    Owners joined by “and” share equal responsibility for the vehicle, mobile home, or vessel, and owners must be present, designate a power of attorney, or have the title certificate signed by each owner as seller for the title to be transferred out of their names.

    Owners joined by “or” allows either owner to take individual responsibility for the vehicle, mobile home, or vessel, and either owner may be present or may sign a bill of sale for the title to be transferred out of their names.

    Please note: When a title with two owners is joined by “or,” and one owner wants to remove their name, that owner becomes the seller, and the second owner becomes the purchaser in the transfer section of the title. A new title is then issued.


    Liens and Titles
    ...
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Anticipating the next question, if there is just a comma between both names the default is likely "and."

    Visit the DMV to find out.
     
  4. flyingron

    flyingron Well-Known Member

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    Florida titles have explicitly either "and" or "or" between the owners' names.

    If it says "and", you both need to sign.
    If it says "or", either can sign, though you might find some buyers (or their financing) a bit reticent to accept it unless both sign.
     
  5. adjusterjack

    adjusterjack Super Moderator

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  6. flyingron

    flyingron Well-Known Member

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    No, the registrations don't have AND or OR no matter what the title said. It just lists the owners above the mailing address.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    OK.

    Then Cindi needs to tell us what the title says.
     
  8. CindiW

    CindiW Law Topic Starter Member

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    OK, I don't have the title in front of me now, I have to find it, but I'm wondering about a power of attorney in Florida, if that would let me sell the car. I'll get the title asap and let you know. I guess I can call Florida motor vehicles division.
     
  9. CindiW

    CindiW Law Topic Starter Member

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    ok, I found the registration and it has two names on it, the first one (my husband) followed by a comma before my name.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    The registration is not the title. It's been noted earlier that it's the title's wording that counts.

    You are going to need this DMV form for Power of Attorney:

    STATE OF FLORIDA (flhsmv.gov)

    But if your husband is willing to sign the power of attorney why not have him just sign over the title?
     
  11. CindiW

    CindiW Law Topic Starter Member

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    Thank you.
     

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