What Is a Gift Affidavit?
In many divorce proceedings, motor vehicles—including cars, trucks, SUVs, vans, motorcycles, boats, jet skis, trailers, and even mobile homes—can represent significant assets that must be divided fairly. While people often think only of traditional automobiles, any titled vehicle or watercraft may become a point of dispute during property division.
Whether a divorce is resolved through negotiation, mediation, collaborative law, or a contested trial, the family court judge must ensure that all marital property and debt are divided in a just manner. To accomplish this, each spouse must understand:
How motor vehicles are titled
Whether the vehicle is considered separate or marital property
What documents are required to transfer ownership following the divorce
If a vehicle was purchased prior to the marriage, it may still be titled in just one spouse’s name. More often, however, motor vehicles purchased during the marriage are titled jointly in the names of both spouses. When this occurs, and the divorce judgment awards the vehicle to only one spouse, a Gift Affidavit often becomes necessary to complete the ownership transfer.
How a Gift Affidavit Works
A Gift Affidavit is a document signed by one spouse to authorize the other spouse to legally transfer title of a motor vehicle into their individual name. In essence, it confirms that the vehicle is being transferred as a gift—in accordance with the terms of the divorce decree—and prevents complications at the Department of Motor Vehicles (DMV).
Example:
Suppose a car is jointly titled in the names of a husband and wife. The divorce decree awards the car to the ex-wife. The DMV, however, typically requires either:
Both owners to sign off on the title transfer, or
A properly executed Gift Affidavit confirming that one former spouse is relinquishing their interest in the vehicle
In this situation, the ex-husband would sign a Gift Affidavit granting the ex-wife the authority to transfer the title solely into her name. Without this affidavit—or the ex-husband’s signature on the title itself—the DMV would likely refuse to process the transfer.
This document ensures that:
Ownership records match the divorce decree
The awarded spouse can insure, register, and control the vehicle without interference
Future sales or transfers will not require involvement from the former spouse
There is a clear paper trail documenting the transfer of ownership
Why Gift Affidavits Are Important in Divorce
Gift Affidavits help prevent legal and practical complications such as:
A spouse being unable to register or insure the vehicle
Liability issues if an accident occurs while the vehicle is still titled jointly
Confusion with law enforcement or insurance companies
Difficulty selling or trading in the vehicle later
Delays or penalties associated with improper or incomplete title transfer
They also help ensure that the property division ordered by the court is fully carried out, reducing the likelihood of post-divorce disputes.
Work With an Attorney to Prepare a Proper Gift Affidavit
Although a Gift Affidavit may seem straightforward, accuracy is essential. Errors in the affidavit—or confusion about which spouse must sign—can lead to delays at the DMV or complications in legally transferring the title.
A domestic relations attorney can:
Confirm whether a Gift Affidavit is required
Ensure the affidavit complies with state law
Assist in preparing the correct documentation
Coordinate the affidavit with the divorce decree and property settlement
Avoid unnecessary time, expense, and frustration after the divorce
At Stange Law Firm, PC, we assist clients with all aspects of vehicle and personal property transfers following divorce, including preparing Gift Affidavits and ensuring smooth title transitions.
Contact a Multi-State Property Division Lawyer Assisting Clients with Gift Affidavits
Contact Stange Law Firm, PC today to schedule your confidential half-hour consultation with one of our attorneys. You can contact us online or by calling any one of our locations throughout the United States at 855-805-0595.
