Legal Question in Wills and Trusts in California
Change of Title
How does my girlfriend change the title of her deceased father's car into her name?
Her father died in october 2004. the car title was held jointly with his ex-wife although he paid for it. they divorced a few years ago and no one knows where she is. her last phone number no longer works. the dmv is no help. the credit union has the title and won't change it to my girlfriend's name. she is her father's only beneficiary. she has no siblings. she has the car, pays for its registration and insurance, but can't sell it and doesn't want to drive it.
Is there a statute of limitations she can use to show she can't find the ex-wife and after a set time can legallly cahnge the title w/o the exwife's signature?
What can she do?
1 Answer from Attorneys
Re: Change of Title
The first order of business is to review the divorce file to determine if there is an order confirming that the car belongs to your girlfriend's deceased father. If the car was not specifically awarded to him in the divorce, then I think your girlfriend is out of luck and the car goes to the ex-wife.
If he WAS awarded the car in the divorce, the you will need a CERTIFIED copy of the court order and a CERTIFIED copy of the death certificate. You submit that documentation and the following form to the DMV: http://www.dmv.ca.gov/forms/reg/reg5.pdf
Filling out the form should transfer title of the car to your girlfriend and then she can sell it or do what she wants with it.
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