Transfer Car Title After Divorce in California: DMV Forms and Fees

Transferring a vehicle title after divorce in California involves the DMV, specific forms, and a release of liability filing that protects the transferring spouse from future parking tickets, toll violations, and accident liability. Skip the release of liability, and you could be on the hook for your ex-spouse's traffic violations for years.

Here's the exact process, form by form.

Step 1: Sign the Title (Pink Slip)

The registered owner must sign the release line on the front of the California Certificate of Title — the pink slip. How this works depends on how the title is held:

• "AND" or "/" between names: Both spouses must sign to release ownership. Both signatures are required on the title.
• "OR" or "AND/OR" between names: Either spouse can sign to transfer. Only one signature is needed.

If the original title is lost, stolen, or damaged, submit DMV Form REG 227 (Application for Replacement or Transfer of Title) to obtain a duplicate before proceeding.

Step 2: Complete the Statement of Facts (Form REG 256)

The receiving spouse must complete Form REG 256 and check the box indicating that the transfer is a family transfer pursuant to a divorce decree. This exemption is critical because it:

• Waives the use tax that would normally apply to a vehicle transfer
• Exempts the transfer from the smog certification requirement — the receiving spouse doesn't need to get the vehicle smogged before the DMV will process the transfer

Without checking this box (and providing a certified copy of the divorce decree as supporting documentation), the DMV treats the transfer as a standard sale — triggering use tax based on the vehicle's fair market value.

Step 3: File the Notice of Transfer and Release of Liability (Form REG 138)

The transferring spouse must file Form REG 138 within five calendar days of delivering the vehicle. This can be done online through the DMV website or by mail.

This filing is non-negotiable. It legally immunizes the transferring spouse from:

• Parking violations issued after the transfer date
• Toll charges and bridge violations
• Civil liability from accidents involving the vehicle
• Towing and storage fees

Without this filing, parking tickets and toll violations continue to accrue against the registered owner of record — which remains the transferring spouse until the receiving spouse completes their registration.

Step 4: Register the Vehicle

The receiving spouse takes the signed title, completed REG 256, and a certified copy of the divorce decree to a DMV office. The DMV processes the transfer and issues a new registration in the receiving spouse's name.

Transfer fees run approximately $15–$25. If the vehicle registration is due for renewal, those fees apply on top.

Auto Insurance Updates

Vehicle title transfer and insurance are separate processes, but both need attention:

• The receiving spouse must add the vehicle to their own auto insurance policy before or at the time of transfer. Driving without insurance in California carries penalties including license suspension.
• The transferring spouse should remove the vehicle from their policy after filing REG 138 and confirming the title transfer is complete. Removing it before the transfer is finalized could create a coverage gap.

If both spouses were on a shared auto insurance policy during the marriage, contact the insurer to split the policy into two individual policies. Simply removing one spouse's name from the existing policy may affect coverage levels and premium rates.

When Your Ex Won't Sign the Title

If the transferring spouse refuses to sign the pink slip, you have two options:

1. File a contempt motion with the Superior Court, asking the court to compel compliance with the divorce decree. This is effective but slow — contempt proceedings can take weeks to months.
2. File an Elisor motion under Code of Civil Procedure Section 128(a)(4), asking the court to appoint someone (typically the court clerk) to sign the title on behalf of the non-compliant spouse. This produces the signed document directly, bypassing the need for your ex to cooperate.

Auto Loan Considerations

Transferring the title doesn't remove the transferring spouse from the auto loan — the same principle as with mortgages. The receiving spouse must refinance the auto loan into their sole name, or pay off the existing loan, to release the transferring spouse from the debt obligation.

The California After-Divorce Checklist includes a property transfer tracker covering vehicles, real estate, and other titled property — with the specific DMV forms, deadlines, and fee exemptions for each transfer type.

See more California guides →