How to Transfer a Car Title After Divorce in South Carolina

When a South Carolina divorce decree awards a vehicle to one spouse, the title does not update itself. Both names stay on the title with the SCDMV until you submit the paperwork, and as long as both names are listed, both parties carry liability for the vehicle.

Check How the Title Is Held

Before anything else, look at the current title to see whether the names are joined by "AND" or "OR":

• "OR" — either party can sign the transfer independently
• "AND" — both parties must sign to transfer the title

This distinction determines whether you need your ex's cooperation or signature to complete the transfer.

Address Any Existing Liens

If there is an outstanding auto loan on the vehicle, you cannot change the title names without the lender's involvement. The retaining spouse must either refinance the loan into their name alone or pay off the remaining balance to obtain a lien release. The lender must release the lien before the SCDMV will process a title change.

Submit SCDMV Form 400

Form 400 (Title/Registration Application) is the primary form for transferring a vehicle title in South Carolina. You will need:

• Completed Form 400
• The current title signed on the back by the transferring spouse
• A certified copy of the divorce decree showing the vehicle award
• Form TI-006 (Statement of Vehicle Operation) if the retaining spouse does not have a South Carolina license

Submit these documents in person at an SCDMV branch or by mail to the Blythewood headquarters.

The Infrastructure Maintenance Fee (IMF) Exemption

South Carolina charges a 5% Infrastructure Maintenance Fee (capped at $500) on vehicle purchases and transfers. Under SC Code Section 56-3-627, transfers between immediate family members or transfers ordered by a court pursuant to a divorce decree may qualify for an exemption from this fee.

When filing Form 400, explicitly note that the transfer is pursuant to a divorce decree and attach the relevant page of the decree. This can save you up to $500 on the transfer.

File Form 416 for Protection

If the decree awards a vehicle to your ex-spouse, file SCDMV Form 416 (Notice of Vehicle Sold/Traded/Donated) immediately. This form notifies the SCDMV that you are no longer responsible for the vehicle, protecting you from liability for parking tickets, toll violations, and accidents occurring after the transfer date.

Do Not Forget Registration and Insurance

After the title transfer, update the vehicle registration to reflect the sole owner. Then notify your auto insurance carrier — your policy needs to list the correct primary registrant to avoid coverage gaps or state-level insurance lapse penalties.

The South Carolina After-Divorce Checklist walks through the complete vehicle transfer process with every form number, the IMF exemption language, and the insurance notification steps.

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