How to Transfer a Car Title After Divorce in North Dakota
When a North Dakota divorce decree awards a vehicle to one spouse, the title doesn't update itself. The vehicle is still legally registered to whoever's name is on the current title — and until you complete the transfer paperwork with NDDOT, you're driving a car that technically belongs to someone else (or both of you jointly).
The process is straightforward, but there's a tax exemption with a one-year deadline that most people don't know about.
The Form: SFN 2872
The vehicle title transfer uses NDDOT Form SFN 2872 (Application for Certificate of Title and Registration). Here's how to fill it out when the transfer results from a divorce:
Seller section: The person giving up the vehicle signs using their current legal name (the name on the existing title). If the vehicle was jointly titled, both parties must sign the seller section.
Buyer section: The person receiving the vehicle registers it using their current legal name. If you've restored a former name through the divorce decree, use the restored name here.
The 5% Excise Tax Exemption
North Dakota imposes a 5% motor vehicle excise tax on vehicle transfers. On a vehicle worth $20,000, that's $1,000.
But transfers between former spouses are fully exempt from this tax under N.D.C.C. § 57-40.3-04 — as long as the transfer results from a divorce decree and is completed within one year of the divorce finalization. After that one-year window closes, you'll owe the full 5%.
To claim the exemption, submit:
- Completed Form SFN 2872
- The current physical vehicle title
- A certified copy of the divorce decree (raised court seal required)
- Your updated driver's license
- The $5 title transfer fee
Updating Registration and Insurance
Once the title is transferred, the vehicle registration updates automatically as part of the SFN 2872 process. The new title and registration will reflect the sole owner.
You'll also need to update your auto insurance separately. Contact your insurance carrier to remove your ex-spouse from the policy (or start a new individual policy). If you were on a joint policy, your ex needs their own coverage before you cancel the joint one — otherwise neither of you has valid insurance during the gap.
Under N.D.C.C. § 39-04-18, failing to update vehicle registration or operator's licensing records within required timelines is a noncriminal traffic offense punishable by a fine of up to $100. It's a small fine, but an easy one to avoid.
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If Your Ex Won't Cooperate
The seller section requires a signature. If your ex-spouse refuses to sign the title over despite the decree awarding you the vehicle, you have a few options:
- File a motion for civil contempt with the District Court under N.D.C.C. § 27-10-01.1 (the filing fee is $160)
- Ask the court to appoint a commissioner to execute the transfer on your ex's behalf
- Some NDDOT offices will accept a certified copy of the decree as evidence of ownership if the decree language is specific enough — but this varies by office
The Sequence Matters
If you're also doing a name change, handle the Social Security and driver's license updates before the vehicle title transfer. NDDOT will want your name to match across your license, the title application, and the decree. Mismatches between documents slow down or derail the process.
The North Dakota Post-Divorce Checklist covers the full sequence — from the name change chain through vehicle and property transfers — so nothing falls through the cracks.
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