In Virginia, joint ownership of a car title comes in two flavors, and the difference is a single word. If the names on the title are separated by “or,” the surviving owner automatically keeps the vehicle when the other dies. If they are joined by “and,” the deceased owner’s share passes through their estate instead. Virginia Code ยง 46.2-622 sets out both options and treats “or” as legally equivalent to the longer phrase “or the survivor of them.”1Virginia Code Commission. Virginia Code 46.2-622 – Issuance of Certificate of Title in Names of Joint Owners
Or vs. And: What the Conjunction Does
Two co-owners, two very different legal arrangements, depending on which word the DMV prints between the names.
“Or” creates joint ownership with a right of survivorship. During both owners’ lifetimes, either person can act on the vehicle alone. When one dies, the other already owns the car outright by operation of law. No probate, no estate process.
“And” creates co-ownership without survivorship. Each owner holds an undivided interest, and both signatures are generally required to sell or transfer the vehicle. When one owner dies, that person’s share becomes part of their estate.
Virginia also expressly prohibits titling a vehicle as “tenants by the entireties,” a form of ownership that is available to married couples for some other kinds of property.1Virginia Code Commission. Virginia Code 46.2-622 – Issuance of Certificate of Title in Names of Joint Owners Married couples pick between “or” and “and” like anyone else.
Setting Up a Joint Title at the DMV
Both owners complete and sign the Application for Certificate of Title and Registration (Form VSA-17A), or Form VSA-17B for a manufactured home. The application has to state clearly that the vehicle is being titled in joint ownership.2Vehicle Licensing Guide. Titling as Joint Ownership with Right of Survivorship If survivorship is what you want, confirm that the word “survivor” appears on the title before you leave the counter. Fixing it later is harder than catching it now.
An original certificate of title costs $15.3Virginia Department of Motor Vehicles. DMV Fees Registration fees and any applicable sales and use tax are separate. If you’re adding a second name to a title you already hold, bring the existing title along with the new application. Both parties sign.
What Each Owner Can Do While Both Are Alive
On an “or” title, either owner can transfer the vehicle, renew registration, or otherwise deal with the DMV without the other person’s signature. That flexibility is convenient. It also means one owner can sell or trade the car without asking the other. The paperwork gives no protection against a co-owner acting alone.
On an “and” title, neither owner can transfer the vehicle without the other. That prevents one-sided decisions, but it creates real friction if the co-owners disagree, split up, or lose contact.
Either way, both names on the title means both people are exposed to the financial obligations attached to the vehicle. Virginia law explicitly preserves the right to enforce any liability against a joint owner “to the extent of his interest in the vehicle.”1Virginia Code Commission. Virginia Code 46.2-622 – Issuance of Certificate of Title in Names of Joint Owners
Insurance is another practical piece. Most auto insurers expect every titled owner to be named on the policy. If a co-owner is left off, the insurer may deny a claim on the grounds that a titled owner was excluded. Call your insurance company before finalizing a joint title to confirm both owners will be covered and to find out whether the added name changes your premium.
What Happens When a Joint Owner Dies
This is where the choice of conjunction actually pays off, or costs you.
With Right of Survivorship (Or Title)
The surviving owner on an “or” title already owns the vehicle outright the moment the other owner dies. The car does not pass through the deceased person’s estate and does not go through probate. Virginia’s DMV even allows surviving co-owners to remove the deceased owner’s name online.4Virginia Department of Motor Vehicles. Transfer Vehicle Ownership To get a new title in your name alone, you submit:
- A certified or notarized death certificate
- The existing vehicle title (if lost, file Form VSA-67 for a replacement; if damaged, submit both the VSA-67 and the damaged title)
- Applicable fees
No signature on the old title is required when the surviving owner is keeping the vehicle, and the transfer is exempt from Virginia’s sales and use tax.5Virginia Department of Motor Vehicles. VLIC 3.505 – Transfer of Ownership Upon Death
Without Right of Survivorship (And Title)
If the title uses “and” and carries no survivorship language, the deceased owner’s interest becomes part of their estate. What happens next depends on whether the estate has a personal representative.
If an executor or administrator has been appointed, that person handles the transfer on behalf of the estate. If no one has been appointed, the person inheriting the vehicle submits a death certificate, the title, proof of address, applicable fees, and one of the following: a copy of the will along with a completed Authority to Transfer Virginia Title Certification (Form VSA-24), a VSA-24 alone if there is no will, or an affidavit that the estate falls under Virginia’s small estate threshold, currently $50,000.4Virginia Department of Motor Vehicles. Transfer Vehicle Ownership
Transfers to a spouse or legal heir upon death remain exempt from sales and use tax whether or not the title carried survivorship language.5Virginia Department of Motor Vehicles. VLIC 3.505 – Transfer of Ownership Upon Death
Joint Title Won’t Shield the Car From Creditors
People sometimes add a second name to a title hoping to protect the vehicle from a lien or a debt. Virginia law forecloses that strategy. A joint owner cannot use the joint title as a defense against a secured party enforcing its security interest, as long as the lien was granted by one or both owners on or before the title was issued.1Virginia Code Commission. Virginia Code 46.2-622 – Issuance of Certificate of Title in Names of Joint Owners If your co-owner pledged the car as collateral and stops paying, the lender can still repossess it.
Federal tax liens work the same way. The IRS looks to state law to identify the taxpayer’s ownership rights and attaches its lien to whatever interest the taxpayer holds; for jointly held property, the IRS can pursue a judicial sale of the whole asset, with the non-liable owner compensated from the proceeds for their share.6Internal Revenue Service. 5.17.2 Federal Tax Liens Adding a co-owner to sidestep an IRS lien does not work.
Divorce and Gift Tax Pitfalls
Adding a spouse to a car title has consequences that outlast the DMV visit. In a Virginia divorce, a vehicle titled in both spouses’ names is presumed marital property subject to equitable distribution. And a car you owned before the marriage as separate property can be reclassified as marital property once you retitle it jointly. Virginia law treats that as a “transmutation.” You can try to trace the original separate-property character, but the burden of proof is on you.7Virginia Code Commission. Virginia Code 20-107.3 – Court May Decree as to Property and Debts of the Parties
There is also a gift tax angle. Adding someone to a title transfers an ownership interest, which the IRS may treat as a taxable gift. For 2026, the annual gift tax exclusion is $19,000 per recipient.8Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Adding a co-owner to a $30,000 vehicle gifts them a $15,000 interest, which falls under the exclusion. On a high-value vehicle where the gifted share exceeds $19,000, you would need to file a gift tax return (Form 709), though no tax is likely owed because of the lifetime exemption.
Getting the Title Right the First Time
Most joint-title problems trace back to a misunderstanding at the counter that no one noticed until years later. A few habits prevent the common mistakes.
- Read the title as soon as you receive it. Confirm whether “or” or “and” appears between the names, and whether the word “survivor” is on the document. Fix any mismatch with your intent right away.
- Put an agreement about expenses in writing. Both owners are liable to outside creditors, but that says nothing about who pays for the loan, insurance, or repairs between the two of you.
- List both owners on the insurance policy. A titled owner left off the policy can be grounds for a denied claim.
- Think twice about adding a spouse’s name during a separation, or about retitling separate property jointly if divorce is on the table.
- Keep the title somewhere safe. If a survivorship title is lost, the surviving owner has to file for a replacement on Form VSA-67 before the DMV will process the transfer, adding delay at a hard time.