How to Remove a Name From a Car Title in Florida

To remove a name from a car title in Florida, sign the existing paper title over to the person keeping the vehicle, complete an Application for Certificate of Motor Vehicle Title (HSMV Form 82040), and submit both at a county tax collector’s office with photo ID and the title fee. What that looks like in practice depends almost entirely on one word on the front of your current title: AND or OR.

Check Whether the Names Are Joined by “AND” or “OR”

Pull out the paper title and look at how the owners are listed. The conjunction between the two names decides who has to sign and whether you’ll owe sales tax.

When the names are joined by “OR,” each co-owner holds 100 percent interest in the vehicle. Either person can sign the title over without the other’s involvement. The person leaving signs as seller, the person staying signs as buyer, and the state treats it as a routine transfer.¹

When the names are joined by “AND,” every listed owner must sign. You cannot remove someone from an “AND” title without their signature unless a court order or death certificate stands in for it. If the co-owner won’t cooperate, you’re going to need a court order before the state will process the change.¹

If Your Title Is Electronic or Missing, Get a Paper Copy First

Many Florida vehicles now have electronic titles held in the FLHSMV database rather than a physical document. You cannot process a name removal without a paper title in hand. If yours is electronic and lien-free, request a paper copy through the MyDMV Portal for $4.50. It arrives by mail in roughly three to four weeks. You cannot pick it up in person or print it at home.²

If the paper title is lost or damaged, apply for a duplicate first. File HSMV Form 82101 with a valid photo ID and the duplicate title fee at a tax collector’s office or FLHSMV service center.²

What to Bring to the Tax Collector’s Office

Missing one item means a wasted trip. You’ll need:

The original Florida paper title, with the back still blank (or a newly issued duplicate).
A valid, unexpired photo ID for every person signing.
A completed HSMV Form 82040, the Application for Certificate of Motor Vehicle Title, listing the person keeping the vehicle as the applicant.³
A written lien release from the lender, if there’s an outstanding loan. The state will not remove a name while a lien is still recorded, so refinancing the loan into one name is usually the prerequisite.

Filling Out the Title and Form 82040

On the back of the paper title, use the “Transfer of Title by Seller” section. For an “AND” title, both co-owners sign as sellers and the person staying also signs on the purchaser line. For an “OR” title, only the person being removed signs as seller, and the person staying signs as buyer.¹

On Form 82040, list the person keeping the vehicle as owner and applicant. Fill in the VIN, current odometer reading, and new ownership details. The form also has a sales tax exemption section, and if an exemption applies you must claim it on the application at the time of transfer.³

Sales Tax and Its Exemptions

This is where people are caught off guard. Depending on the conjunction on your title and whether money changes hands, you may owe Florida’s 6 percent sales tax.

Removing a name from an “OR” title is not a taxable event. Each owner already holds full interest, so removing one doesn’t create new ownership for the other. No tax applies.⁴

Removing a name from an “AND” title is generally taxable, but four common exemptions cover most situations:

A gift, if no money changes hands and the remaining owner is not assuming an outstanding loan. You must declare it as a gift on Form 82040.
A transfer of marital property between spouses, exempt even if there is an outstanding lien.
A transfer pursuant to a divorce decree. Submit a copy of the decree with the application.
A transfer due to a co-owner’s death.

Claim the exemption on the application when you file. If you don’t declare it up front, you’ll pay the tax and have to fight to get it back later.⁴

Fees and the 30-Day Deadline

The base title transfer fee is $75.25 for an electronic title. Add $2.50 if you want a paper title printed, $2 if the new title will reflect a lien, and $10 for same-day “fast title” processing. Without fast title, the new certificate arrives by mail within a few business days.⁵

Florida law gives you 30 days from the date of the transfer to file the title application. Miss that window and a $20 penalty is added on top of every other fee. The clock starts on the date of the transfer, not the day you visit the office.⁶

When the Other Person Won’t Sign, Can’t Be There, or Has Died

Divorce With an Uncooperative Ex

If you have an “AND” title and your ex won’t sign, a Florida court order can substitute for the signature. The divorce decree or settlement agreement has to include language that specifically conveys the vehicle to you, using phrasing like “shall have sole and separate property” or “shall have exclusive ownership and possession.” Generic asset-division language is not enough. Submit the first page of the order, the page conveying the vehicle, and the page bearing the judge’s signature. No signature from the other party is needed when the order itself conveys ownership.⁷

A Co-Owner Who Has Died

A surviving spouse has the simplest path. File HSMV Form 82152 (Application for Surviving Spouse Transfer) with an original or certified copy of the death certificate. If your name isn’t on the death certificate, add a copy of your marriage certificate. There’s no title fee for this transfer, though the expedited title fee still applies if you want same-day processing.⁸

Non-spouse heirs face a more involved process. If the estate is not going through probate and a will names you, bring a photocopy of the will, a photocopy of the death certificate, and a completed Form 82040. The “Release of Heirs” section must be filled out by all heirs, even if only one is taking the vehicle. If more than one heir exists and only one wants the car, the others sign their interest over on the form. If the will doesn’t name a specific recipient, all heirs must participate or designate one of them to take title.⁹

A Co-Owner Who Can’t Come In Person

If one co-owner can’t be at the office, a power of attorney can be used. Acceptable forms include a general or durable POA covering personal property, or the FLHSMV’s limited form (HSMV 82053). If executed in Florida on or after October 1, 2011, the POA has to be signed by the principal, witnessed by two people, and acknowledged before a notary. One limitation: a general or durable POA becomes invalid at the principal’s death, so it cannot be used in place of the deceased-owner process above.¹⁰

Update Insurance and the License Plate

The title change is only half the job. Florida requires every registered vehicle with four or more wheels to carry at least $10,000 in Personal Injury Protection and $10,000 in Property Damage Liability coverage. If the person coming off the title was the named insured, the remaining owner needs their own active policy in place before the registration is updated. Letting insurance lapse on a registered vehicle can suspend your license and registration and cost up to $500 to reinstate.¹¹

The license plate can be transferred to either individual’s name, and the clerk can usually process the plate at the same visit as the title. Ask them to handle both together.¹²

1
Official Internet Site of the Florida Legislature. Florida Statutes 319.22 – Transfer of Title
2
Florida Department of Highway Safety and Motor Vehicles. Paper Liens and Titles
3
Florida Highway Safety and Motor Vehicles. Application for Certificate of Motor Vehicle Title
4
Florida Highway Safety and Motor Vehicles. Sales and Use Tax – Transfer of Motor Vehicles, Mobile Homes, and Vessels
5
Florida Department of Highway Safety and Motor Vehicles. Fees
6
Official Internet Site of the Florida Legislature. Florida Statutes 319.23 – Application for Certificate of Title
7
Florida Highway Safety and Motor Vehicles. Application for Certificate of Title and Satisfaction of Liens Involving Divorce
8
Florida Department of Highway Safety and Motor Vehicles. HSMV 82152 Application for Surviving Spouse Transfer of Florida Certificate of Title for a Motor Vehicle
9
Florida Highway Safety and Motor Vehicles. Application for Certificate of Title and Satisfaction of Liens Involving Registered Owners or Lienholders Who are Deceased
10
Florida Highway Safety and Motor Vehicles. TL-02 Power of Attorney
11
Florida Department of Highway Safety and Motor Vehicles. Florida Insurance Requirements
12
Florida Highway Safety and Motor Vehicles. RS-05 Transfer of License Plates