Divorce in sight? Worried about your car? Don’t worry, at coches.com we are here to help. It is not that we are a couples therapist (if the thing does not work, it is that it does not work), but if we can clarify what you have to do in case of separation or divorce with the ownership of your car.
First divorce question: Is it community property? Isn’t it profitable?
The car is community property
This means that the car was bought by both during the marriage:
- If there is an agreement between both parties, it is decided who gets it.
- If there is no agreement, we get into legal proceedings and the joint venture will be liquidated to distribute the assets after the divorce decree. Until the procedure is complete, you both own the vehicle and you will have to agree when and how you use it. The same as before, but taking longer, wow.
The car is not community property
In this second case, the car was bought by both spouses out of wedlock:
- It is considered a well divided. In this case you will have to reach an agreement among yourselves to see who gets it: If you do not reach an agreement, the judge will decide.
Once this aspect is clarified, you can proceed to change the ownership of the vehicle.
Changing ownership of the car after a divorce
Before requesting the change, the ownership of the vehicle is essential:
- Cancel any limitation of disposition that was registered in the Registry of Movable Property, except with the express consent of the financier (reservation of title).
- pay the sanctions imposed for transport offenses noted in the Vehicle Registry.
- Settle the Circulation Tax of the previous year.
Necessary documentation
Fees to pay
Online procedure
You will previously need one of these tools to confirm your identity:
Once identified before the Administration in a convenient way, it is necessary:
- Pay and download the proof of the Fee youTransfers Changes of ownership of circulation permits (Model 1.5). It costs €55.70 for vehicles and €27.85 for mopeds.
- Submit the documentation in the Common Registry of the AGE, clicking on the “Change of ownership / Exceptional cases” section.
- complete the data in the Electronic Registry. You must select the Headquarters of your province as the “Recipient Organization”. The “Subject” will be this text: “Vehicle transfer + license plate”. In the annexes section you can attach all this documentation (evidence, ID, fees, etc.).
- Register the request and save the delivery receipt on the computer.
Face-to-face procedure
You have to go to the Traffic Headquarters making an appointment in the 060 or by requesting an appointment online to deliver the documentation indicated above.
NOTE: For vehicles coming from Ceuta, Melilla and the Canary Islands to the peninsula and the Balearic Islands must be added the import annotation, with a cost of €8.67. This in essence is a Customs certificate that accredits compliance with tax obligations in this case.
More information: Informative note and summary of the DGT, where it talks about agricultural vehicles, transfers due to death and other necessities.
