We’re back on what to do with a family member's car if the title isn’t in your name.
Why?
It’s a common issue. Who is the most likely to bring in a messed-up title for transfer? Probably a family member. This is not an empirical approach but a common-sense anecdote. You know you’ve seen them before.
“My mom said it would be fine if I signed for her on the title.”
Uh-huh. Sure, kid.
The stark reality is that you cannot just sign over a title (or any legal piece of paperwork, for that matter) in someone else’s name or for them unless you have evidence that you are authorized to do so. And no, a sticky note from mom doesn’t count.
Let’s walk through some of the scenarios and also some of the legal restraints and requirements. Oh, and how Dirt Legal can help in a few exceptional circumstances.
Can I Just Put It In My Name?
Image by Janet Meyer from Pixabay
You can title a vehicle in your name as long as the current legal owner signs the title according to state law. In some cases, you need a notary to sign as well, and some states do digital titles, but the critical thing is that the current owner has signed the title. Anyone can sign a title over in their name, assuming it has been signed by the rightful owner as printed on the front of the title.
If the owner has not given you legal permission to take ownership of the vehicle, you cannot transfer ownership to yourself. You either need a signed title or a Power of Attorney form giving you the legal ability to take ownership of the vehicle.
You need to understand your state's title laws because every state has different rules. Yes, many states have similar processes and rules, but don’t assume that the process will be the same in Michigan or Indiana just because you live in Ohio.
But it is widely accepted that if the title is filled out according to applicable state law by the seller, anyone can sign their name in the transfer block.
Now, one exception where someone may transfer a family member’s car into their name is with a Power of Attorney.
What Is the Power of Attorney?
Image by Janet Meyer from Pixabay
The first thing to understand with a Power of Attorney (POA) is that they are not a one size fits all legal option. Instead, there are different types to fulfill different requirements.
But the bare bones of the matter is that a Power of Attorney grants the legal authority of one person to act in the stead of another person.
There are two general reasons why a POA is used:
The principal (the person whose authority is granted elsewhere) is incapacitated or severely compromised physically or mentally.
The principal is not going to be physically present for a significant period.
Anecdote time: it is standard fare for all military service members to have a current POA at all times as part of their mobility readiness package. A lot can come up when you’re gone for 12 months, and the military seriously frowns on delinquency from members.
Who Can Grant POA?
Generally speaking, the principal must delegate to the agent in writing, and usually, the POA form has to be notarized.
It’s important to note that there are several broad types of POA, including:
Health Care Power of Attorney
Financial Power of Attorney
Each has specific limitations and privileges, so select the correct one.
POAs are straightforward, and many legal websites like LegalZoom sell templates tailored for each state. Then, the principal and the agent simply fill out the form, get it notarized, and move on with life.
If a family member is the principal and asks you to become their agent, you can fill out the template and be all set. Now, if they intend to have you take care of things like car titles, ensure that work is covered under your POA. Also, POAs are for living people who are incapacitated or unavailable; once a person has deceased, it becomes something else that we won’t get into here.
Related Article: What Happens to a Car When the Owner Dies?
What If the Title Is Lost?
Lost titles pose a problem and are common. However, most states are relatively easy to navigate and request a replacement title. Well, they would be if you were the title holder.
Image by Foundry Co from Pixabay
But here’s the catch: if you aren’t supposed to be signing the title, you aren’t going to get a replacement. If you aren’t the current titled owner of the car – in other words, if the lost title wasn’t in your name – you can’t apply for a replacement title. I’m afraid you will have to go through the proper channels for a replacement title. It could be too late if the individual is incapacitated and there is no POA, in which case it likely becomes a legal matter in the courts.
Now, there are some options that we might be able to help with at Dirt Legal, depending on the age of the vehicle and assuming the vehicle doesn’t have any title issues to start with (i.e., it doesn’t come up as a stolen vehicle).
First, if you are unsure of the vehicle's history, we highly recommend buying a VIN check to make sure nothing shady is lurking in the history of that title. An inexpensive VIN check saved me a significant headache earlier this year, so don’t cheap out here.
Related Article: Case Study: How A Vin Check Saved Me From Buying A Lemon
Dirt Legal’s title recovery services may be the correct route if the title is missing and you need help getting a copy. If the vehicle is older than 2007, you won’t even get a title in our process; instead, you will receive a transferable registration from Vermont, which you can use to either tag and register in Vermont and keep permanently there. Or you can take the transferable registration to your DMV and get a local title and plate again.
Can I Get My Name On the Title Without Them Knowing?
Please don’t do this. Please don’t even try to do this.
We aren’t lawyers, but we are people with families. You will, one-million-percent piss off your entire family if you try to do this. And rightfully so.
If there is a legitimate problem with a car’s title, do one of three things:
Have the title holder correct it with you. Yes, you can go with Grandma to the DMV to make sure what needs to happen happens.
Have the family member give you POA to take care of it yourself, and make sure to notarize that form and whatever else needs to be done to make it binding and entirely legal. Then, try out LegalZoom or any similar services (we aren’t affiliates; these are just common websites), or spend about $200 to have an attorney process it locally.
If you have an older vehicle from which the title is missing, Dirt Legal’s title recovery service might be an excellent option to start over.
But seriously, don’t be creeping around trying to pull some sleight of hand to get your name onto someone else's title without their permission.
How Dirt Legal Can Help
You’ll need a:
Bill of sale
Photo id
Photo of the VIN/serial number
If the vehicle is newer than 1981 AND its VIN doesn’t conform to US standards, you’ll also need a VIN Inspection. Additionally, your vehicle must be at least 15 years old to qualify for this service.
Note: If you live in FL, IL, IN, MA, OH, or SD, you may face issues when transferring the title to your state.
About 2-3 weeks after you send off the application, you can expect to receive a metal Vermont license plate and temporary registration. Then, around a month later, you will get your full transferable registration which can be transferred to your state of choice if you so desire.
One thought on the above map: if you live in one of those states and need a paper title rather than a transferable registration, we will run your Vermont transferable registration through Arizona, which will issue a paper title. Once you have a paper title, it should be good to transfer to any state you want, assuming you don’t want to keep out-of-state tags and registration on the vehicle.
Wrapping Up
Title issues are a giant pain. There are few things more frustrating than trying to correct a title issue on a car you are trying to get into your name. The best thing to do is have the title holder with you at the DMV to sort it out, but sometimes that isn’t practical. If not, you should try to get a power of attorney if possible or applicable. If the title holder is already incapacitated or unable to sign, you may be in a pinch. Lastly, if the title is missing and you haven’t been able to get a replacement, we may be about to help with our title recovery service.
The best way to find out is to call our team and talk it over, and we’ll see if there is anything we can do to help out.
For tradesmen who live and work on the road, vehicle registration can be a hassle, especially when dealing with restrictive domicile state rules. Discover how out-of-state vehicle registration, particularly through a Montana LLC, can save you time, money, and effort.