How to Transfer a Car Title After Divorce in Massachusetts

If your separation agreement assigns a vehicle to one spouse, the title and registration need to be transferred into that person's name alone. Massachusetts handles this through the RMV using Form RMV-1, and there's a tax exemption most people don't know about that can save hundreds of dollars.

Here's the exact process, including the forms, fees, and the signature rules that depend on how both names appear on the current title.

Check How the Names Appear on the Title

Before going to the RMV, look at how both names are listed on the current title. This determines who needs to sign.

If the names are connected by "AND" (e.g., "John Smith AND Jane Smith"): Both people must sign the back of the title, and both signatures must be notarized. This means your ex-spouse needs to cooperate. If they refuse, your remedy is filing a Complaint for Contempt in the Probate and Family Court.

If the names are connected by "OR" (e.g., "John Smith OR Jane Smith"): Either person can sign alone to authorize the transfer. No cooperation from the other party is required.

If only one name is on the title: If the vehicle is titled in your ex-spouse's name and the separation agreement assigns it to you, your ex-spouse must sign the title over. If it's already in your name, you may still need to update the registration if your ex-spouse is listed on it.

The Tax Exemption You Don't Want to Miss: Form MVU-26

Massachusetts charges a 6.25% sales/use tax on vehicle transfers. On a car worth $25,000, that's $1,562.50.

But transfers between ex-spouses resulting from a divorce are exempt from this tax. To claim the exemption, file Form MVU-26 (Affidavit of Support for Exemption from Sales or Use Tax) alongside your title transfer application. The transfer must be characterized as a gift under Massachusetts law.

Without the MVU-26, the RMV will assess the full 6.25% tax based on the vehicle's book value. This isn't something they'll remind you about or offer to waive — you have to submit the form proactively.

The Transfer Process: Form RMV-1

Step 1: Gather your documents.

• Completed Form RMV-1 (Application for Registration and Title)
• The current vehicle title, signed on the back by the required parties (see naming rules above)
• Completed Form MVU-26 for the tax exemption
• Certified copy of your Certificate of Divorce Absolute (or the relevant pages of your separation agreement showing the vehicle assignment)
• Valid Massachusetts driver's license or ID
• Proof of insurance for the vehicle under the new owner's name

Step 2: Get signatures notarized (if required). If the title has both names connected by "and," both signatures on the back of the title must be notarized. Many banks, UPS stores, and law offices offer notary services for $5-$25 per signature.

Step 3: Visit the RMV. Title transfers must be completed in person at a Massachusetts RMV Service Center. Schedule an appointment online through the MassDOT website. Bring all your documents and the required fee.

Step 4: Pay the title fee. The title amendment fee is $75. If you're also registering the vehicle under a new name, there may be additional registration fees depending on your situation.

If There's a Loan on the Vehicle

If the car has an outstanding auto loan, the process gets more complicated. The lender holds the title until the loan is paid off, and they won't release a departing spouse from the debt without a complete refinance or payoff.

Your options:

• Refinance the auto loan into the retaining spouse's name alone. The lender will evaluate the retaining spouse's individual credit and income
• Pay off the loan and then transfer the title normally
• Sell the vehicle and split or allocate the proceeds per the separation agreement

You cannot simply transfer the title on a vehicle with an active lien. The lender must release the lien first or consent to the transfer.

Updating Auto Insurance

Once the title transfer is complete, update your auto insurance immediately. Contact your insurance company to:

• Remove your ex-spouse from your policy (or establish a new individual policy)
• Confirm the vehicle is listed under the correct owner
• Update the address on file if you've moved

If you and your ex-spouse shared an auto insurance policy, you'll each need separate policies going forward. Shop around — rates change significantly when a joint policy becomes an individual one, especially if the marital home address has changed.

Don't let the insurance lapse during the transfer. Massachusetts requires continuous auto insurance, and a gap in coverage can result in license and registration suspension.

What If Your Ex Won't Cooperate

If the separation agreement assigns the vehicle to you but your ex-spouse refuses to sign the title, refuses to cooperate with the notarization, or won't hand over the physical title document, you have a legal remedy.

File a Complaint for Contempt in the Probate and Family Court. You'll need to show a clear court order (the separation agreement) and a willful violation. The court can order your ex to comply, and repeated refusal can result in sanctions.

The Massachusetts Post-Divorce Checklist includes a vehicle transfer worksheet with document checklists, the MVU-26 tax exemption instructions, and step-by-step RMV guidance for getting the title and registration into your name.

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