How to Transfer a Car Title After Divorce in Arkansas

Transferring a car title after an Arkansas divorce means a trip to your county DFA Revenue Office with a certified copy of your divorce decree, the current title, proof of paid property taxes, and valid ID — and it must happen within 60 days of taking sole possession, or a $150 late fee lands. If the title is joined by "AND," both you and your ex must sign (or you need a court order); if it's joined by "OR," one signature is enough. The transfer pursuant to a divorce decree is exempt from Arkansas sales tax under A.C.A. § 26-52-510 — but only if you claim the exemption correctly at the window.

Done right, this is one 20-minute Revenue Office visit. Done wrong — wrong documents, wrong signer, missed deadline — it's multiple trips and a growing late fee.

The 60-Day Clock Starts When You Take Possession

Arkansas gives you a limited window to retitle a vehicle after the ownership situation changes. Once the decree awards you the car and you take sole possession, you have 60 days to complete the title transfer before late fees start. The fee doesn't wait for you to "get around to it," and it applies even if your ex is the one stalling — the state penalizes the vehicle's paperwork status, not the person causing the delay.

This is why the title transfer belongs in the Days 1–60 window of your post-divorce plan, right after the name change sequence is underway — and why an uncooperative ex's signature should be chased in week one, not week eight.

Check the Title First: AND vs OR

Pull out the current certificate of title and look at how the owners' names are joined:

• "Jane AND John Smith" — Both owners must sign the title to transfer it. If your ex won't sign, your options are a certified-mail demand letter citing the decree (build the paper trail) followed by a court motion, or asking the court for an order directing the transfer.
• "Jane OR John Smith" — Either owner can sign. You may be able to complete the transfer with your ex's signature alone on the assignment, or yours, depending on direction of transfer — the Revenue Office will confirm what the specific title allows.

Also check for a lienholder. If a lender's name is on the title, you'll need the lien release (or the lender's involvement) before a clean transfer can happen. A car still financed in both names is a loan problem as much as a title problem — the title can move while the loan can't, so coordinate with the lender early.

What to Bring to the Revenue Office

Arkansas DFA Revenue Offices reject incomplete visits without ceremony. The go-bag for a divorce-related title transfer:

• A certified copy of your divorce decree — the circuit clerk's certified copy with the raised seal, not a photocopy and not the Department of Health's $10 "divorce certificate" (that's proof the divorce happened, not the order awarding the vehicle)
• The current certificate of title, with the assignment section properly signed per the AND/OR rule
• Proof of paid property taxes — Arkansas requires your county property tax receipt (or assessment documentation) before it will register or retitle a vehicle. If you haven't been assessed in your own name yet, handle that at the county assessor first
• Valid photo ID — if you've just changed your name, make sure the SSA update has already synced, because the DFA verifies against SSA records
• Payment for the title and registration fees — the transfer itself is modest; the late fee you'll avoid is not
• Insurance proof showing current coverage on the vehicle

Claim the Divorce Tax Exemption

Vehicle transfers pursuant to a divorce decree are exempt from Arkansas sales tax under A.C.A. § 26-52-510. This matters: without the exemption, a title transfer on a $15,000 car would otherwise attract sales tax as if you'd bought it.

The exemption isn't always applied automatically. Tell the clerk at the counter that the transfer is pursuant to a divorce decree and show the certified decree copy awarding the vehicle. If a clerk seems unfamiliar, the statute citation is your friend. Getting this wrong is a several-hundred-dollar mistake on a mid-value car.

If Your Ex Won't Sign

This is common enough to plan for. The sequence:

1. Send a written demand by certified mail. Reference the decree paragraph awarding you the vehicle, give a specific deadline (10 business days is standard), and enclose the title or a signature-ready assignment. Keep the green card.
2. Follow up once, in writing.
3. Petition the court. Arkansas circuit courts handle post-decree enforcement through summary procedures or a Motion for Contempt. Your certified-mail trail is the exhibit that turns "he won't sign" into a documented willful refusal. Courts can order the transfer, order your ex to sign, or in some cases direct the clerk to effect the transfer.

Meanwhile, don't let the 60-day window lapse silently — if the deadline is approaching because of the stalemate, document that too. It strengthens the enforcement filing and your argument that any fees caused by the delay should be your ex's problem.

Don't Forget the Insurance and Registration

The title is one of three updates:

• Insurance: remove your ex from the policy (or get your own policy) the moment the vehicle is solely yours. An accident while both names linger on a policy creates claims chaos.
• Registration and plates: confirm the registration matches the new title and your current address.
• Loan, if any: the title transfer doesn't move the debt. If both names are on the loan, the decree assigns the payment but the lender can still pursue either of you — the only true fix is refinancing or paying off the loan.

Who This Is For

• Arkansas divorcees awarded a vehicle in their decree
• Anyone approaching the 60-day title window
• People whose ex is slow to sign title paperwork and who want the escalation path mapped out

Who This Is NOT For

• Vehicle transfers between people who were never married (different process, no § 26-52-510 divorce exemption)
• Out-of-state titles being moved into Arkansas — that's a new-resident registration, with its own rules
• Anyone whose decree didn't address the vehicles — that ambiguity needs an attorney, not a Revenue Office

Frequently Asked Questions

Can I transfer the title before the divorce is final?

Generally no — until the decree awards the vehicle, you're both still owners and the transfer has no legal basis. Wait for the signed decree, get certified copies from the circuit clerk, then move quickly inside the 60-day window.

Does the Department of Health divorce certificate work at the Revenue Office?

No. The $10 divorce certificate from Arkansas Vital Records proves the divorce occurred but contains none of the property orders. The DFA needs the certified decree copy showing the vehicle was awarded to you.

What if the car is titled in my ex's name only?

Then the decree's award is your legal basis, but the assignment still needs your ex's signature (or a court order). This is the hardest version of the problem — start the demand-letter process immediately, because you can't begin the transfer without that signature.

Is the sales tax exemption automatic?

No. You claim it at the counter by showing the transfer is pursuant to a divorce decree — cite A.C.A. § 26-52-510 if needed. If the clerk processes it as an ordinary transfer, you'll pay tax you don't owe and getting it refunded is far harder than claiming it upfront.

The 60 days already passed. Now what?

Go anyway. The late fee stops growing once the transfer is complete, and every additional week is money. Bring the same documents, pay the fee, and if the delay was caused by your ex's refusal to sign, keep every receipt — those fees are recoverable in an enforcement motion.

The vehicle title transfer is one of twelve worksheets in the Arkansas After-Divorce Checklist: Name Change, Accounts & Retirement — the per-vehicle checklist covers the AND/OR rule, the § 26-52-510 exemption, the property-tax receipt, and the demand-letter template for an ex who won't sign. Grab the free one-page checklist to see where it falls in the full sequence.

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