The Short Answer

In Florida, whether someone can place a lien on a co-owned vehicle without your signature often depends on how the owners are listed on the title (for example, “A or B” versus “A and B”). If your situation involves a deceased co-owner and a missing title, it’s especially important to act quickly—because a lien recorded with the state can cloud ownership and create leverage for a sale or transfer.

What Florida Law Says

Florida’s vehicle-title system is designed so that liens are typically enforced through the Department of Highway Safety and Motor Vehicles (DHSMV) by being noted on the certificate of title. That means a lien can become a serious problem even before anyone goes to court—because it can block transfers and, in some situations, support repossession or a forced sale process.

The Statute

The primary law governing whether a co-owner can encumber (place a lien on) a co-owned vehicle is Fla. Stat. § 319.235.

This statute establishes that if the vehicle is titled to co-owners using “or,” either co-owner is deemed to have the right to place a lien/encumbrance with only one signature; but if the title uses “and,” then each co-owner’s signature is required to place a lien.

Separately, Florida law also addresses how liens on titled vehicles are made enforceable by being filed and noted on the title record. See Fla. Stat. § 319.27.

And if your concern is specifically a repair shop/mechanic lien, Florida has a separate statutory scheme that can allow a repair shop to claim and enforce a lien for labor, services, and storage—subject to strict notice requirements. See, for example, Fla. Stat. § 713.585.

Why You Should Speak with an Attorney

Based on your facts, the risk is not just “a lien”—it’s that the missing title and the death of a co-owner can create an opening for someone to make moves with DHSMV records before you have clean documentation in hand. While the statutes provide the general rules, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Mechanic/repair lien enforcement has time-sensitive notice and sale rules (including certified-mail notice requirements and minimum waiting periods before any sale). See Fla. Stat. § 713.585.
• Burden of Proof: If someone claims they had authority to encumber or transfer the vehicle, you may need evidence about how the title is worded (“and” vs. “or”), what DHSMV shows, and whether any signatures/authorizations were valid under Florida law. See Fla. Stat. § 319.235.
• Exceptions and Overlapping Systems: Some liens are “title-noted” liens, while others can be possessory (for example, a shop holding the vehicle) and follow different enforcement rules. Untangling which statute applies—and what defenses you have—often requires quick legal analysis.

Because you’re also dealing with a survivorship title and a death with no probate opened, an attorney can help you protect the vehicle as a non-probate asset, address the missing title problem, and respond immediately if a lien is filed or threatened.

If you want more background on survivorship and vehicle title issues, you may also find these helpful: How can a surviving spouse transfer a deceased spouse’s vehicle title in Florida? and Removing a deceased owner’s name from a Florida vehicle title when there’s joint ownership and a lien.

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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.