The Short Answer

In Florida, whether you can remove your name from a car title without your ex cooperating often depends on how the title is written (for example, “and” vs. “or”) and whether you have a court order (such as from a divorce case) awarding the vehicle to one person. If your ex refuses to sign or appear, you may need a court-based solution rather than a DMV-only solution.

What Florida Law Says

Florida law treats co-ownership differently depending on whether co-owners are listed “in the alternative” (using “or”) or “in the conjunctive” (using “and”). That distinction can affect what actions can be taken with the vehicle’s title and related interests, and it often becomes a leverage point in breakups and divorces when one person will not cooperate.

The Statute

The primary law governing this issue is Fla. Stat. § 319.235.

This statute establishes that when a vehicle is titled to co-owners using “or,” one co-owner’s signature can be sufficient for certain lien/encumbrance actions, but when the vehicle is titled using “and,” both co-owners’ signatures are required for those actions—highlighting how the wording on the title can control what can be done without the other person.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If this dispute is tied to a divorce or breakup with pending court deadlines, waiting can affect your leverage and financial exposure (insurance, tickets, tolls, and accident liability can keep accumulating while your name remains on the title).
• Burden of Proof: If you need a court order to force a transfer or clarify ownership, you typically must prove the agreement or entitlement (for example, what the divorce paperwork says, who paid for the vehicle, who has possession, and who is responsible for the loan/insurance).
• Exceptions: The “and” vs. “or” wording, any existing lienholder rights, and whether ownership can be transferred by a court order (rather than voluntary DMV paperwork) can change the available remedies and the risk of unintended consequences.

Trying to handle this alone can lead to delays, rejected paperwork, or a situation where you remain financially and legally exposed even though you no longer use the vehicle.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.