Title 2 Transportation
2286 Transferring Titles with Multiple Names
Whereas, the Department of Transportation needs a definite method to determine how vehicle titles should be transferred and issued in accordance with 21 Del.C. Chapters 23 and 25, the following policy regulation is adopted pursuant to 21 Del.C. §302.
2.0 Title Transfers
2.1 A vehicle title in two or more names using the word “and” between the names requires all owners to sign the appropriate blocks on the back of the title to transfer the title.
2.2 A vehicle title in two or more names using the words “and/or” between the names only requires one owner to sign the appropriate blocks on the back of the title to transfer the title.
2.3 A vehicle titled in two or more names using the word “and” between the names where one owner is deceased requires the surviving owner(s) to present a copy of the executor or administrator papers to drop the deceased owner’s name from the title or to transfer the title to a new owner. In the event an individual other than the surviving owner(s) is the executor or administrator of the estate, the title may not be transferred without the surviving owners’ signatures and the executor’s or administrator’s signature in the appropriate blocks.
3.0 Duplicate Titles
Duplicate title applications must be signed by all owners before a duplicate title will be issued regardless of whether the title has the words “and” or “and/or” between the owners’ names.
4.0 Leased Vehicles
Leased vehicles owned by a leasing company and leased to a lessee with the right to purchase will be titled in the name of the leasing company “C/O” the lessee.
5.0 Transfers Involving Divorced Owners
5.1 The Division will transfer a vehicle title with the names separated by “and” to a divorced owner when the divorce decree incorporates the division of assets and identifies who receives the vehicle. A division of assets may not be incorporated into the divorce decree, but it may still be a valid agreement between the parties regarding the transfer of marital property to one party or the other. A division of assets that is not incorporated into a divorce decree may be acceptable as long as both parties signed the agreement, the agreement is notarized, and the agreement clearly identifies the vehicle and which party is to receive the vehicle. The divorced owner who received the vehicle in the division of assets only needs to sign the back of title to transfer the title or drop the other party’s name. In the absence of any division of assets, both parties must sign the title when a vehicle is titled using the word “and” between the parties’ names.
9 DE Reg. 1988 (06/01/06)