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  1. #1
    Join Date
    Jan 2018
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    5

    Default How to Transfer Title to a Co-Owned Vehicle With Power of Attorney from One Owner

    My question involves vehicle registration or title in the state of: Kentucky

    I recently bought a used car in the state of Georgia from a dealership for it to be registered in Kentucky where I live. The title for the car is in Texas, where it was co-owned by a couple. I believe they split up, and the male moved to Georgia where he then sold the car. When I got back to Kentucky, our county clerks office said the car was co-owned and I would need 2 Power of Attorney forms, 1 for each of the owners. I only have 1. The dealership has been trying to get a hold of the other owner of the car but is not having any luck. Can anyone offer any advice? What happens if we are unable to get in touch with the other owner, what happens then? I bought the car 11/17/17 and it is now 1/12/18. This process is taking awhile due to several trips to the clerks office, the flu and the holidays.

  2. #2
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    Sep 2005
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    Default Re: Using a Power of Attorney to Transfer Title to a Co-Owned Vehicle

    Why would you buy a car from a dealership for which title had not been transferred to the dealership (not registered, but signed over to them so that they could convey it to a buyer)? Is there more to the story?

    What assistance is the dealership providing? Have you asked them to register the vehicle in Georgia such that they can give you title that you can register in Kentucky?

    Have you asked Kentucky if you might be able to submit a certified copy of the ex-husband's divorce judgment to prove that the car was exclusively his, and then proceed based upon the POA he granted? I suspect it's a long-shot, and it would take some effort to get the judgment, but....

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Using a Power of Attorney to Transfer Title to a Co-Owned Vehicle

    Advice? Sure.

    you return the car to the dealership and get a refund. They had no legal right to sell a car they did not possess the title to with the entire interest of all prior owners waived.

  4. #4
    Join Date
    Jan 2018
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    5

    Default Re: Using a Power of Attorney to Transfer Title to a Co-Owned Vehicle

    No, there is not more to the story.

    I called the Texas DMV and gave them the VIN #. She told me that if you have a title in the state of Texas that a dealer is not required to title in the dealership’s name if you sell or trade-in your vehicle to a licensed motor vehicle dealer. The vehicle stays in your name until it is sold to an individual. Laws vary state by state so it's been rather confusing. He gets back from vacation this afternoon, and I am expecting his call. I will ask about registering it in Georgia, although the Texas DMV said no one will never be able to register the car in any state without the other POA. I will also ask about the divorce settlement. Thank you.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Using a Power of Attorney to Transfer Title to a Co-Owned Vehicle

    I don’t know any state that requires a dealer to title a vehicle in their name. I never suggested that is the case here. I said unless the dealer has a title with all owners waiving their interest (commonly referred to as “signing off on the title”), the dealer has no legal right to sell the car to anybody. The dealer isn’t taking title to the vehicle; It “passes through”. Regardless, they still can’t legally sell a car the titled owners haven’t signed off on the title. That is the situation you are in.

    I think expecting to obtain the divorce decree is an unrealistic effort in ultimate futility. Not only is it unlikely to happen, you attempting to utilize it to transfer title to you is not likely to happen. The owner should have titled the car in his name first and then sold it to the dealer. You attempting to do what he should have done, especially in a different state than the divorce (and if I recall in your original post younsaid you think the parties split, no mention of an actual divorce) is highly unlikely to b successful.

    So, bottom line; if the dealer cannot provide you with a title free of encumbrances, they cannot legally sell you the car. It isn’t actually theirs to sell.

  6. #6
    Join Date
    Jan 2018
    Posts
    5

    Default Re: Using a Power of Attorney to Transfer Title to a Co-Owned Vehicle

    I understand. I figured that would be a long shot as well. I do not believe they were married, just co-owned the car. My main concern was that I would be stuck with the car due to already purchasing it but not being able to legally title the car into my name. If I have to return that car, that is the least of my worries. There was just a little fear that I would be stuck with a $14,000 car that would be useless. Thank you for your help, much appreciated.

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