Selling a Car After a Divorce in Houston: The Title Rules

The short answer

If a Texas divorce decree awarded you the car, you can sell it, and you generally don't have to retitle it in your own name first. TxDMV's Motor Vehicle Title Manual (August 2026 edition) says the person awarded the vehicle is not required to title it in his or her name before transferring ownership. The decree should describe the vehicle, including the VIN, and the title record must be in the name of either spouse. When the car is sold, the title is assigned to the buyer along with a copy of the divorce decree. If the title isn't available, the manual says a bill of sale is acceptable.

That's the rule TxDMV applies when a transfer is processed, so it's also what a Houston buyer's paperwork has to satisfy. This article is based on §16.14 (Divorce Suits) and §16.15 (Judgments and Decrees) of the TxDMV Motor Vehicle Title Manual, which we opened for this post. It's general information, not legal advice.

What the decree needs to say

Per the manual, for a divorce to support a vehicle transfer:

• The decree should adequately describe the vehicle, including the vehicle identification number (VIN).
• The title record must be in the name of either spouse.
• A property settlement agreement alone is not acceptable without a certified copy of the divorce decree.

If your decree is vague about who gets the vehicle, or doesn't list the VIN, sort that out with your attorney before you try to sell. A buyer can't fix it for you at the counter.

The paperwork when the car is sold

TxDMV says that where the decree transfers a vehicle from one spouse to the other, an application for transfer of title must be filed with a certified copy of the decree attached. When you sell to someone else, the manual says the certificate of title should be assigned to the purchaser with a copy of the divorce decree.

A few details from the manual that sellers often miss:

• Privacy copies. Because decrees are personal and confidential, the manual says copies of only the front page, the page that describes the vehicle (including the VIN) and confers ownership, and the signature page are required to be made of the certified copy.
• Certified copies. For any court judgment or decree, TxDMV says it must be the original or certified as a true and correct copy on file with the county or district clerk. An original or certified decree with an electronic judge's signature is acceptable if it has a statement or stamp that the original was signed by the judge or signed electronically.
• A Texas title isn't required for a transfer under a divorce decree, according to the manual. When you do sell and have the title, it should be assigned to the buyer along with the decree copy.

If the other spouse has the car

Some decrees say each party keeps the personal property currently in his or her possession. TxDMV explains what that means for a vehicle titled in one spouse's name but driven by the other: the outstanding title must be properly assigned to the spouse in possession, or a copy of the property settlement agreement filed with the court must be attached to show that the other spouse has the vehicle. This is the situation to clear up before a sale.

If there's a lien

The manual says that if the title record shows a lien, a release of the lien must be attached to the application. If the lien is carried forward to the new application, the title must be attached. In plain terms, the loan payoff has to be dealt with as part of the sale. Our guides on getting a lien release in a Houston cash sale and selling a car with a title loan explain how.

If the car was last titled in another state

TxDMV says the out-of-state title or verification of title and registration is required. If the owner can't get it from the state where the vehicle was last titled, the options are a bonded title (if the requirements of Transportation Code §501.053 are met) or getting title in the other state first.

If your name changed in the divorce

The manual says a court may enter a decree changing a party's name, and an application for corrected title can be filed to correct the name on the title. A copy of the decree is suggested but not required, and a statement explaining the name change is sufficient. A name change from marriage or divorce shouldn't be confused with a transfer of ownership.

Before you hand over the keys

1. Get the decree pages in order. Certified copy, with the pages TxDMV says to copy: front, vehicle description, and signature.
2. Match the VIN on the decree, the title, and the car.
3. Handle the lien first if one is recorded.
4. Sign the title correctly. See correcting a title mistake without white-out before anyone writes on it.
5. File the transfer notice after the sale. See vehicle transfer notification.
6. Don't take payment you can't verify. Our fake check warning applies to every private sale.

What this post is not promising

• We aren't lawyers, and this isn't legal advice about your divorce or property division.
• Rules and forms change. TxDMV or your county tax office has the final word on what they'll accept.
• We don't promise any offer amount or timing.

Bottom line

A divorce decree can be enough to support a Texas vehicle sale, even if the car is still titled in one spouse's name. You need a decree that describes the car and VIN, a certified copy with the right pages, the title (or a bill of sale when it isn't available), and a lien release if a loan is recorded. Get those lined up first, then ask for offers.

Want a cash offer to compare? Ask for a no-obligation cash offer.