What is the difference between AND and OR between two names on a title?

"AND" means both owners must sign together to sell or transfer. "OR" means either owner can sign alone. The DMV uses "/" or "OR" for the easier joint structure. Pick "AND" for couples who want shared control, "OR" for survivorship convenience.

Does joint ownership give automatic survivorship?

Only if the title says so. Phrases like "Joint Tenants With Right of Survivorship" (JTWROS) or "JTROS" mean the surviving owner gets the vehicle automatically when one dies. Without that language, the deceased's share goes through their estate.

Both owners on the bill of sale?

For an AND title, yes - both must sign as sellers. For an OR title, either alone is sufficient but having both sign is cleaner for the buyer's protection.

What if the joint owners are divorcing?

The divorce decree usually specifies who gets the car. The DMV transfers based on the decree plus a release from the non-keeping spouse. A bill of sale between the spouses can document the transfer for tax purposes.

Can I add a name to my title later?

Yes. Submit a title application to the DMV listing both owners (and the AND/OR designation). You may pay a small fee. This is sometimes done to add an adult child for survivorship purposes.

Joint Ownership: Two Names on a Vehicle Title

A small word between two names on a title makes a big legal difference. "John AND Jane" means both must sign together. "John OR Jane" means either alone is enough. Survivorship language is a third layer. Here is what each one means at sale time and how to document the bill of sale.

AND vs OR

AND ownership. Both owners must sign every transfer. Used by spouses or partners who want shared control. Both signatures required on title and bill of sale.

OR ownership. Either owner can sign alone. The other does not need to be present or even know. Common for parent-child convenience titles or "in case I die" arrangements without formal probate.

Read your title carefully. Some states use "/" instead of "OR" and the slash means the same thing.

Survivorship: JTWROS and TBE

Joint Tenants With Right of Survivorship (JTWROS). When one owner dies, the survivor automatically owns the vehicle. No probate. The survivor takes the death certificate to the DMV and re-titles in their own name.

Tenants by the Entirety (TBE). Available only to married couples in some states. Similar to JTWROS plus stronger creditor protection. Each spouse owns the whole, not a half.

Tenants in Common (TIC). No survivorship. Each owner has a divisible share. The deceased\'s share goes through their estate (probate).

Title language to look for: "JTWROS," "JTROS," "Joint with right of survivorship," "TBE." If none of these appear, assume tenants in common.

Selling a jointly-titled vehicle

The bill of sale should:

List both owners as sellers
Be signed by whichever owners are required (both for AND, either for OR)
Include each seller\'s ID information
Cover the standard fields (VIN, price, odometer, as-is)

Even on an OR title, having both sign protects the buyer from a later claim by the non-signing owner.

Adding or removing a name

To add a name: submit a title application to the DMV with both owners listed and the AND/OR designation. Pay a title fee (usually $20 to $100). In some states this is treated as a partial sale and may trigger sales tax on half the vehicle\'s value.

To remove a name (e.g., divorce): the leaving owner signs a title release or the divorce decree is presented. The remaining owner re-titles solely in their name.

What happens at death

JTWROS or TBE: survivor presents death certificate, signs new title application, drives away. No probate.

Tenants in Common (no survivorship): the deceased\'s share goes to their estate. Probate or small-estate affidavit required to transfer.

OR with no survivorship language: ambiguous. Most states default to tenants in common, requiring probate for the deceased\'s share. Some states allow the surviving "OR" owner to sell during probate without the executor.

Tax implications of joint titling

Adding an adult child to a title can be treated as a gift for tax purposes. If the vehicle is worth more than the annual gift exclusion ($19,000 in 2026), the parent files Form 709. Removing a name and re-titling can also have tax consequences depending on whether money changed hands.

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