Can One Person Sell a Car with Two Names on the Title

Selling a car with two names on the title isn’t always straightforward—it depends on how the names are listed and your state’s laws. One person can sell the vehicle only if both owners agree and sign the necessary documents, or if the title allows sole ownership transfer. Always check your title format and consult local DMV rules to avoid legal trouble.

So, you’ve got a car with two names on the title—maybe you and your spouse, a family member, or a business partner—and now you’re thinking about selling it. But here’s the big question: *Can one person actually sell that car?* The short answer? It depends. And that “it depends” part is where things get tricky.

Car titles aren’t just pieces of paper—they’re legal documents that define ownership. When two names appear on a title, it signals shared ownership, but *how* those names are listed makes all the difference. Some titles use “and,” others use “or,” and a few include special clauses like “with right of survivorship.” Each format comes with its own set of rules about who can sell, when, and under what conditions. Ignoring these details can lead to rejected title transfers, legal disputes, or even accusations of fraud.

In this guide, we’ll walk you through everything you need to know about selling a car with two names on the title. Whether you’re dealing with a marital asset, a co-owned vehicle with a friend, or a car inherited with a sibling, we’ll break down the legal requirements, practical steps, and common pitfalls. By the end, you’ll know exactly what to do—and what to avoid—so you can sell that car smoothly and legally.

Key Takeaways

• Joint ownership matters: Whether one person can sell a car with two names on the title depends on how the names are listed—“and,” “or,” or “with right of survivorship.”
• Both signatures usually required: If the title uses “and” between names, both owners must sign the title and bill of sale for a legal transfer.
• “Or” titles offer more flexibility: When names are connected by “or,” either owner can sell the car independently, but it’s still wise to get the other’s consent.
• State laws vary significantly: DMV requirements differ by state—some require notarized signatures, while others accept digital forms or witness signatures.
• Power of attorney can help: If one owner is unavailable, a valid power of attorney document may allow the other to sell on their behalf.
• Communication prevents disputes: Even if legally allowed, selling without the co-owner’s knowledge can lead to lawsuits or title rejection.
• Always verify before listing: Check your title, contact your local DMV, and consider legal advice if unsure about ownership rights.

Understanding How Names Are Listed on a Car Title

Before you even think about listing your car for sale, you need to understand how the names are structured on the title. This tiny detail—whether it says “John Smith and Jane Doe” or “John Smith or Jane Doe”—can completely change your ability to sell the vehicle alone.

Let’s break it down.

“And” Titles: Joint Ownership with Shared Control

If the title reads “John Smith and Jane Doe,” this typically means *joint tenancy* or *tenancy in common*. In most states, this format requires **both owners to agree** to any sale or transfer of ownership. That means if you’re John and want to sell the car, Jane must also sign the title and any related paperwork.

Why? Because “and” implies shared control. Neither owner has sole authority to make decisions about the vehicle. Think of it like a joint bank account—you can’t withdraw money without the other person’s permission (in most cases). The same logic applies here.

For example, imagine you and your sister co-own a used SUV. The title says “Maria Lopez and Carlos Lopez.” If Maria tries to sell the car without Carlos’s signature, the buyer’s DMV application will likely be rejected. The new owner won’t get a clean title, and Maria could face legal consequences for attempting to sell property she doesn’t fully control.

“Or” Titles: Either Owner Can Act Independently

Now, if the title says “John Smith or Jane Doe,” the rules change. The word “or” usually indicates that **either owner can sell the car without the other’s consent**. This is known as *tenancy in common with right of survivorship* or simply *joint ownership with individual authority*.

In this case, John could legally sell the car, sign the title, and transfer ownership—even if Jane doesn’t know about it. The same goes for Jane. This setup is common in business partnerships or when one person is listed as a backup owner (like a parent on a teen’s car).

But here’s the catch: just because you *can* sell it doesn’t mean you *should* do it without telling the other owner. If Jane finds out later that John sold “their” car without discussion, she might claim emotional distress, financial loss, or even file a civil lawsuit—even if the sale was technically legal.

“With Right of Survivorship” and Other Clauses

Some titles include additional language like “with right of survivorship.” This means that if one owner dies, the vehicle automatically transfers to the surviving owner—no probate needed. But it doesn’t necessarily change the selling rules while both owners are alive.

In most cases, “with right of survivorship” still follows the “and” or “or” structure. So if it says “John Smith and Jane Doe with right of survivorship,” both must sign to sell. If it’s “John Smith or Jane Doe with right of survivorship,” either can sell.

Always read the full title carefully. Some states use abbreviations or formatting that can be confusing. When in doubt, take a photo of the title and ask your local DMV for clarification.

State Laws and DMV Requirements Vary Widely

Here’s something many people don’t realize: **car title laws are not the same across the U.S.** What’s allowed in Texas might be illegal in New York. That’s why it’s crucial to check your state’s specific DMV rules before attempting to sell a jointly owned vehicle.

Notarization and Witness Requirements

Some states require that both owners’ signatures on the title be **notarized**. This means you’ll need to visit a notary public (often available at banks, UPS stores, or courthouses) with valid ID. The notary verifies your identity and watches you sign, then stamps the document.

For example, in California, if both names are on the title with “and,” both must sign in front of a notary. In Florida, notarization is required for any title transfer involving multiple owners. Skipping this step can result in the DMV rejecting the transfer, leaving the buyer unable to register the car.

Other states, like Arizona and Colorado, may accept signatures with a witness instead of a notary. A witness is usually someone unrelated to the transaction who watches the signing and adds their own signature and contact info.

Power of Attorney: When One Owner Can’t Be Present

What if one owner is out of the country, in the hospital, or otherwise unavailable? In many states, you can use a **durable power of attorney (POA)** to authorize the other owner to sell the car on their behalf.

A POA is a legal document that grants someone else the authority to act in your place. For vehicle sales, you’ll need a POA specifically mentioning motor vehicle transactions. Some states provide standardized forms; others accept attorney-drafted documents.

For instance, in Illinois, a notarized POA allows one co-owner to sign the title and bill of sale for the other. But the POA must be submitted along with the title during the transfer. Without it, the sale is invalid.

Important: A general POA used for finances or healthcare may not cover vehicle sales. Always confirm with your DMV or a legal professional that your document is sufficient.

Online and Mail-In Transfers

Some states allow title transfers to be completed online or by mail—even with multiple owners. However, this usually requires **all parties to sign digitally or submit signed paperwork together**.

For example, in Washington State, you can submit a title transfer online if both owners create accounts and electronically sign. In contrast, Texas requires physical signatures and often mandates in-person submission at a county tax office.

Never assume digital convenience applies to joint ownership. Always check your state’s DMV website for the latest procedures.

Can One Person Sell the Car Without the Other’s Consent?

This is the million-dollar question—and the answer is nuanced.

Legally Possible? Maybe. Advisable? Rarely.

If the title uses “or” between names, **one person can legally sell the car without the other’s consent** in most states. The DMV will process the transfer as long as the selling owner’s signature is valid and properly notarized (if required).

But here’s the reality: just because something is legal doesn’t mean it’s smart.

Selling a shared asset without discussion can destroy relationships—especially if the other owner was counting on the car for transportation, work, or family needs. Even if you’re legally in the clear, you could face:

– Emotional fallout (anger, betrayal, family drama)
– Small claims court if the other owner sues for their share of the proceeds
– Difficulty collecting the full sale price if the buyer backs out after learning about the co-owner

When It Might Be Necessary

There are rare situations where one owner *must* sell without the other’s involvement:

– **Divorce or separation:** One spouse may need to sell a shared car to split assets. In this case, a court order or divorce decree can authorize the sale.
– **Incapacity:** If one owner is mentally incapacitated or in a coma, a guardian or conservator may sell the car with court approval.
– **Abandonment:** If one owner has disappeared or refuses to cooperate, you may need to petition the court for a “partition action” to force a sale.

In all these cases, legal documentation is essential. Never proceed without consulting an attorney or your local DMV.

The Risk of Fraud Accusations

Attempting to sell a car with “and” on the title—without the other owner’s signature—can be seen as **fraud or theft**. Even if you believe you have a right to the car (e.g., you paid for it entirely), the title is the law.

For example, in 2022, a man in Ohio tried to sell a car titled to him and his ex-girlfriend. He forged her signature and sold it privately. The buyer later discovered the fraud when the DMV flagged the title. The seller was charged with forgery and faced felony charges.

Moral of the story: **Always get proper signatures or legal authorization.**

Step-by-Step Guide to Selling a Car with Two Names on the Title

Ready to sell? Follow these steps to do it right.

Step 1: Check the Title Format

Look at the front of your car title. Find the “Registered Owner” or “Owner” section. Note how the names are connected:

– “John Smith and Jane Doe” → Both must sign.
– “John Smith or Jane Doe” → Either can sign.
– “John Smith, Jane Doe” (no connector) → Usually treated as “and” in most states.

Take a clear photo or scan of the title for your records.

Step 2: Contact Your Local DMV

Visit your state’s DMV website or call their customer service line. Ask:

– What are the requirements for transferring a title with multiple owners?
– Is notarization required?
– Can the transfer be done online, by mail, or in person?
– Are there special forms for joint ownership?

Write down the answers. DMV websites can be outdated, so verbal confirmation helps.

Step 3: Get Both Owners to Agree (If Required)

If the title uses “and,” schedule a time for both owners to sign the title and bill of sale. Use a clean, unsigned title—never write on the original until ready to transfer.

If one owner is unavailable, explore power of attorney options (see above).

Step 4: Complete the Bill of Sale

Most states require a bill of sale for private vehicle transactions. This document includes:

– Vehicle identification number (VIN)
– Make, model, year, and mileage
– Sale price
– Names and addresses of buyer and seller(s)
– Signatures of all selling parties

Some states provide free templates online (e.g., California, Texas). Use them to ensure compliance.

Step 5: Sign and Notarize (If Needed)

Have both owners sign the title and bill of sale in blue ink (some DMVs prefer this over black). If notarization is required, visit a notary together or separately with valid ID.

Keep copies of all signed documents.

Step 6: Transfer the Title to the Buyer

Give the signed title and bill of sale to the buyer. In most states, the buyer must submit these to the DMV within a set time (e.g., 30 days) to register the vehicle and avoid penalties.

Tip: Accompany the buyer to the DMV if possible. This reduces the risk of fraud or errors.

Step 7: Notify Your Insurance Company

Once the sale is complete, contact your auto insurer to remove the vehicle from your policy. You may be eligible for a refund on unused premiums.

Common Mistakes to Avoid

Even with good intentions, it’s easy to make errors when selling a jointly owned car. Here are the most common pitfalls—and how to avoid them.

Assuming “We Own It Together” Means Either Can Sell

Just because you co-own a car doesn’t mean you can sell it alone—unless the title says “or.” Always verify the wording.

Forging a Signature

This is a serious crime. Even if the other owner agrees verbally, get their physical or digital signature. Use a power of attorney if they can’t be present.

Ignoring State-Specific Rules

Don’t rely on advice from friends in other states. DMV requirements vary. Always check your local rules.

Selling Without a Bill of Sale

A bill of sale protects both buyer and seller. It proves the transaction occurred and can help resolve disputes.

Not Updating Insurance

Failing to remove the car from your policy can lead to coverage gaps or unnecessary costs. Notify your insurer the day of sale.

Real-Life Examples and Scenarios

Let’s look at a few real-world situations to see how this plays out.

Scenario 1: Married Couple Selling a Family Car

Maria and David own a minivan titled “Maria Garcia and David Garcia.” They’re divorcing and agree to sell the car. Both sign the title and bill of sale at a notary. They split the proceeds 50/50. The buyer registers the car without issues. ✅

Scenario 2: Parent and Teen Co-Owners

Lisa added her 17-year-old son, Jake, to her car title as “Lisa Chen or Jake Chen” for insurance reasons. Jake turns 18 and wants to sell the car to buy a motorcycle. He sells it privately, signs the title, and transfers ownership. Lisa is upset but can’t stop the sale legally. However, she refuses to give him the proceeds, leading to family tension. ⚠️

Scenario 3: Business Partners with a Company Vehicle

Two entrepreneurs, Amir and Sofia, co-own a delivery van titled “Amir Khan and Sofia Patel.” Amir wants to leave the business and sell his share. Sofia refuses to sign. Amir tries to sell the van alone—but the DMV rejects the transfer. He must either negotiate with Sofia or go to court. ❌

These examples show why communication and legal clarity are essential.

When to Consult a Lawyer

While many joint car sales are straightforward, some situations require legal advice:

– Disagreement between co-owners
– Suspected fraud or coercion
– Complex ownership (e.g., business entities, trusts)
– International or military transfers
– Title errors or missing documents

A real estate or automotive attorney can help draft agreements, resolve disputes, or navigate court processes.

Conclusion

Selling a car with two names on the title isn’t impossible—but it’s not always simple, either. The key is understanding how the names are listed, knowing your state’s DMV rules, and ensuring all legal requirements are met. Whether the title uses “and” or “or” makes a huge difference in who can sell and under what conditions.

Always prioritize clear communication with the co-owner, even if the law allows you to act alone. A smooth sale protects not only your legal standing but also your relationships. When in doubt, consult your local DMV or a qualified attorney.

Remember: the title isn’t just a formality—it’s a legal contract. Respect it, follow the rules, and you’ll avoid headaches down the road.

Frequently Asked Questions

Can one person sell a car if both names are on the title with “and”?

No, if the title lists names with “and,” both owners must typically sign the title and bill of sale for the sale to be legal. Selling without the other owner’s signature can result in a rejected transfer or legal consequences.

What if the title says “or” between the names?

If the title uses “or,” either owner can usually sell the car independently. However, it’s still wise to inform the co-owner to avoid disputes or claims of unfair treatment.

Do I need a notary to sell a car with two names on the title?

It depends on your state. Some states require notarized signatures for all co-owners, while others accept witness signatures or digital verification. Check your local DMV requirements.

Can I use a power of attorney to sell a jointly owned car?

Yes, if one owner is unavailable, a valid power of attorney document can authorize the other to sell the car. The POA must specifically allow motor vehicle transactions and be submitted with the title transfer.

What happens if I sell a car without the co-owner’s signature?

If the title requires both signatures (e.g., “and” format), the sale may be invalid. The DMV could reject the transfer, and the co-owner might sue for their share of the proceeds or claim fraud.

Can a divorced couple sell a car with both names on the title?

Yes, but both parties must sign the title unless a court order grants one person sole authority. A divorce decree or settlement agreement can help clarify ownership and selling rights.