Junking a Car During or After a Divorce in Washington

This is general information, not legal advice. Divorce is one of the times to talk to an attorney before you act. A car that has been crushed cannot be brought back.

DOL says all legal and registered owners shown on the title must sign the Release of Interest. A divorce does not change what the title shows by itself. DOL also says adding or deleting an owner needs a title transfer.

So the ways forward are the following:

• Both sign

  If you are on speaking terms, this is the shortest path. A signature that is not on the title must be notarized or certified under WAC 308-56A-265, so you do not need to be in the same room.

• A title transfer

  One of you is taken off through a transfer, and the remaining owner then sells as the sole owner. Ask a licensing office what it needs.

• A court order

  WAC 308-56A-320 says a court order can transfer title, but a security interest is removed only if the order says so. If a loan exists, read the order closely. WAC 308-56A-265 says a registered owner’s release is not required when the car is awarded to a different owner by legal action.

• A power of attorney

  One ex can authorize the other, in the form DOL describes. See power of attorney.

We did not find a DOL page that says exactly how to use a divorce decree. The rule above covers court orders in general, so take these to a licensing office and ask what it will accept:

• A copy of the final order, or the court clerk’s certification of the court’s action. WAC 308-56A-320 says the copy does not need to be certified. The order must name who was awarded the car, describe the vehicle, show it was filed and is the final judgment, and carry an authorized signature.
• The original title, or say that it is missing.
• The vehicle’s year, make and VIN or plate number. If the order does not give the VIN or plate, the same rule asks for your certified or notarized statement describing the vehicle. If the order is meant to clear a lender, DOL’s lienholder page asks that it name the year, make, model and VIN.
• Information on any loan. If a lender is listed, see selling a car with a lien.

If the title is in your former name, see a changed name on a title. Washington has a short deadline for this: RCW 46.12.530 says owners must notify DOL within ten days of an address or name change.

This risk is easy to miss. Your name on the record can follow you. RCW 46.55.105 makes the last registered owner prima facie liable for removal, storage and disposal costs if a car is abandoned or impounded.

Ask a licensing office what it takes to get your name off. In the meantime, keep a copy of the decree and any agreement about the car, along with your ex’s contact details. If the title is transferred, keep proof of that as well.

• Do not sign your ex’s name. RCW 46.12.750 makes forgery or a false statement on a title transfer a class B felony.
• Do not have a car picked up from your ex’s home or parking spot without clear authority.
• Do not sell a car before you know whether a court order limits it.
• Do not rely on a text from your ex as a release of interest. Get the signature on the proper document.
• If the money is in dispute, agree in writing before the sale.

Whoever sells has to file a Report of Sale within five business days under RCW 46.12.650. Our Report of Sale guide shows how. Give your ex a copy of the report and a note of what the car brought if you agreed to share. You may also be asked about it in your case, so keep your records.

If the paperwork shows you can sell and we can take the car, we tow for free and pay cash at pickup. If the title is not in your name alone, tell us. Call us at (206) 941-0612 and tell us what you have, and we will tell you whether we can take it. Our how it works page covers the rest.