How to Transfer a Car Title After Divorce in Idaho

Your divorce decree says who gets which vehicle. But until you transfer the title at the Idaho Transportation Department, both names are still on it — and both of you are legally tied to that vehicle for registration, insurance, and liability purposes.

Idaho gives you 30 days from the date of the divorce-ordered transfer to file the new title application. Miss that window and you'll pay a $20 late-filing penalty on top of the standard fees.

What You Need for the Transfer

The vehicle title transfer happens at your county Assessor's Motor Vehicle office (not the driver's license office — different counter, sometimes different building). Bring:

1. The original vehicle title. The spouse releasing the vehicle signs the seller/transferor section on the back of the title. The receiving spouse fills in the buyer/transferee section. Both signatures must be present.

2. Form ITD 3337 (Application for Certificate of Idaho Title). The receiving spouse completes this form. It's available at the county motor vehicle office or on the ITD website.

3. Form ST-133 (Sales Tax Exemption Certificate — Family or American Indian Sales). This is critical. Without it, the county will charge Idaho's 6% sales tax on the vehicle's current value. Community property transfers between spouses pursuant to a divorce decree are exempt from sales tax under Idaho Administrative Rule 107 — but you must file ST-133 to claim the exemption. Both parties sign this form.

If the transfer is structured as a gift with no exchange of funds (rather than a court-ordered property division), use Form ST-133GT (Gift Transfer Affidavit) instead.

4. Your certified divorce decree. The county clerk may ask to see the decree to verify the court ordered the transfer.

Fees

Ada County charges the highest administrative fee at $9.50, bringing the total to $23.50 per vehicle. Bannock County charges no administrative fee — just the base $14. Check your county's fee before going in.

"And" vs. "Or" on the Title

If your current title lists both spouses with "and" (e.g., "John Smith AND Jane Smith"), both must sign to transfer. If it says "or" (e.g., "John Smith OR Jane Smith"), either spouse can sign independently.

Most Idaho marital vehicle titles use "and" — meaning you need your ex-spouse's signature on the title to complete the transfer. If your ex won't sign, you can file a motion for contempt with the District Court to compel compliance. The signed decree ordering the transfer is your enforcement mechanism.

If There's a Lien on the Vehicle

If the vehicle has an outstanding loan, the lender holds the title electronically through ITD's Electronic Lien Title (ELT) program. You can't just sign and transfer a title you don't physically possess.

To transfer a liened vehicle:

1. Refinance the loan in the receiving spouse's name (the lender will require a credit check and proof of income)
2. Once the new loan is finalized, the old lender releases the lien and the new lender records a new lien
3. ITD issues a new title with only the receiving spouse's name and the new lender's lien

If refinancing isn't possible, the receiving spouse can sometimes assume the existing loan with lender approval — but not all lenders allow this.

Update Insurance Immediately

Vehicle title transfers require corresponding insurance updates:

Split the policy. If both vehicles were on a shared auto insurance policy, contact your insurer to separate into individual policies. The insurer will need the new title registration showing sole ownership.

Remove your ex. If your ex is listed as a driver or authorized user on your policy, have them removed. If they're the policyholder, you'll need an entirely new policy.

Verify coverage continuity. Make sure there's no gap between the old joint policy ending and the new individual policy starting. A lapse in coverage can affect your rates for years and may violate Idaho's mandatory insurance requirement.

The Idaho After-Divorce Checklist includes a vehicle transfer worksheet with the exact forms, fee calculations by county, and a deadline tracker from your decree date — plus an insurance separation checklist.

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