How to Transfer a Car Title After Divorce in West Virginia

When your divorce decree awards a vehicle to one spouse, the title doesn't automatically update. You must physically transfer it through a West Virginia DMV regional office — and there's a tax trap that catches people who don't know about Form DMV-5-TR.

The DMV-5-TR Tax Exemption

Under W. Va. Code § 17A-3-4(2), vehicle transfers between spouses are exempt from sales tax, and no gift affidavit is required while you're still legally married. But once the divorce is finalized, you're no longer spouses. The exemption still applies — but only if you submit Form DMV-5-TR (Affidavit of Transfer of Ownership Without Consideration).

Skip this form and the DMV will assess a 6% sales tax on the vehicle's book value. On a car worth $25,000, that's $1,500 you didn't need to pay.

The Lien Penalty You Need to Know

There's an important exception: if a lien is being recorded on the new title (from a bank loan or individual), the DMV-5-TR exemption does not apply. The DMV will assess the full 6% sales tax on the total lien amount, regardless of the parties' relationship. If you're refinancing the vehicle in your name only and recording a new lien, plan for this cost.

Documents You'll Need at the DMV

Gather everything before your appointment:

1. Original Certificate of Title. If both names appear joined by "AND," both spouses must sign as sellers. If joined by "OR" or "AND/OR," either spouse can sign alone.
2. Form DMV-1-TR (Application for Certificate of Title).
3. Form DMV-5-TR (Affidavit of Transfer Without Consideration) — must be notarized.
4. Form DMV-TM-1 (Odometer Certification) if the vehicle is less than 20 years old.
5. Proof of active West Virginia automobile liability insurance in the new owner's name.
6. Certified copy of the divorce decree showing the vehicle award.
7. Title transfer fee: $15.

AND vs. OR on the Current Title

This distinction matters more than most people realize. When the title reads "John Smith AND Jane Smith," both signatures are required to transfer. If your ex-spouse is uncooperative, you may need to return to Family Court to enforce the decree's property distribution.

When the title reads "OR" or "AND/OR," either party can sign independently — no cooperation required.

Scheduling a DMV Visit

West Virginia DMV regional offices handle title transfers in person. Processing is immediate once your documents are accepted. Check the DMV website for your nearest regional office and current wait times. Some offices accept walk-ins while others recommend scheduling.

Getting the Sequence Right

Vehicle title transfers are just one piece of the post-divorce administrative puzzle. The West Virginia Post-Divorce Checklist maps out every transfer — vehicles, real estate, retirement accounts, and identity documents — in the order that prevents costly mistakes like the DMV-5-TR tax trap.

See more West Virginia guides →