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Old 08-31-2010, 07:53 PM   #1
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Two owners on title...?

Some of you know us...Billy the artist and Angel the fellow he takes care of. We have a title question.
I have been advised due to Angels un steady heart condition to have the Airstream put in both of our names as it is only in his name right now.
What and where do we go and with what papers to get it switched into both of our names.
And does anyone also know about how much it costs on average? Thanks!
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Old 08-31-2010, 08:14 PM   #2
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Don't you think the Department of Motor Vehicles - or whatever they call it - in your state of residence would be the absolute best source of information about this? It's certainly where I would go.
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Old 08-31-2010, 08:27 PM   #3
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Here in South Dakota all we have to do to have multiple names on a title or deed, is to add an "or" or an "and" between the names. My home deed says Mr. and Mrs. Gary. That requires both signatures to sell. My car title says Mr. or Mrs. Gary. That only takes one signature to sell.

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Old 08-31-2010, 08:38 PM   #4
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Quote:
Originally Posted by redhawkerII View Post
Some of you know us...Billy the artist and Angel the fellow he takes care of. We have a title question.
I have been advised due to Angels un steady heart condition to have the Airstream put in both of our names as it is only in his name right now.
What and where do we go and with what papers to get it switched into both of our names.
And does anyone also know about how much it costs on average? Thanks!
I have two names on our title. It's not hard as long as there isn't a lien on the AS. He would have to go with you or maybe a power of attorney. Just call the tag office and see what you need. Sorry about his health.
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Old 08-31-2010, 09:19 PM   #5
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Its not so simple . . .

Quote:
Originally Posted by redhawkerII View Post
Some of you know us...Billy the artist and Angel the fellow he takes care of. We have a title question. I have been advised due to Angels un steady heart condition to have the Airstream put in both of our names as it is only in his name right now. What and where do we go and with what papers to get it switched into both of our names. And does anyone also know about how much it costs on average? Thanks!
Hi rhII:

What is your goal or purpose? If it is to have ownership continue in the survivor after one of you dies, then generally you want the trailer titled in both of your names as joint tenants with right of survivorship. If you want your respective ownership interests to go to your descendants, children or objects of your individual affection, then your names should be on the certificate of title as tenants in common.

But the precise legal effect depends on the law of your state of residence (or maybe the law of the state where the trailer is titled, if a different state), so you must first become familiar with the applicable laws of your state. Simply putting two names on the title might not achieve your specific goal, as state law determines the rights between joint or common owners to personal property. You must understand what the law says, as that is what controls the ultimate result. If you do not understand the law, you might consult with a lawyer.

So (i) clarify your goal, (ii) learn about the laws of your state concerning joint tenancy and tenancy in common, and (iii) take the applicable and appropriate steps to achieve your goal. The last step (iii) generally should be taken on the certificate of title for the trailer, which generally is changed through your motor vehicle department. Hope this guides you in the right direction.
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Old 10-11-2010, 09:01 PM   #6
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We have two names on all of our titles. You can do it John Doe and Jane Doe or it can be done John Doe or Jane Doe. We do the or, the reason is, If one of the parties die the other does not have to go through the court system to have a clear transferable title. We are in Oklahoma and laws may be different from state to state. Please don't take my advice without seeking professional legal advice.
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Old 10-11-2010, 10:03 PM   #7
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Durable power of attorney will usually do the trick if you would need to transfer title or sell. You can have these drafted for specific instances or situations to limit the powers.

They are nothing fancy and can usually be drafted online at legal websites like legacy writers, etc..

My wife has one that allows her to settle affairs when I'm out of the country for extended periods. She has sold cars and executed contracts on my behalf with no issues.

Hope that helps.
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Old 10-11-2010, 11:11 PM   #8
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Originally Posted by 47WeeWind View Post
Hi rhII:

What is your goal or purpose? If it is to have ownership continue in the survivor after one of you dies, then generally you want the trailer titled in both of your names as joint tenants with right of survivorship. If you want your respective ownership interests to go to your descendants, children or objects of your individual affection, then your names should be on the certificate of title as tenants in common.

But the precise legal effect depends on the law of your state of residence (or maybe the law of the state where the trailer is titled, if a different state), so you must first become familiar with the applicable laws of your state. Simply putting two names on the title might not achieve your specific goal, as state law determines the rights between joint or common owners to personal property. You must understand what the law says, as that is what controls the ultimate result. If you do not understand the law, you might consult with a lawyer.

So (i) clarify your goal, (ii) learn about the laws of your state concerning joint tenancy and tenancy in common, and (iii) take the applicable and appropriate steps to achieve your goal. The last step (iii) generally should be taken on the certificate of title for the trailer, which generally is changed through your motor vehicle department. Hope this guides you in the right direction.
States vary so this is good advice. In Ohio for example they wouldn't allow using "or" on a title. However, vehicles can be titled in one name for a married couple and, up to two vehicles, transfer to the spouse without going through the legal system.
http://www.co.allen.oh.us/pdf/cocsurvsp.PDF
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Old 10-11-2010, 11:32 PM   #9
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I would point out that it is *NOT* the same for 2 unmarried people to have their names on a title as it is to have a husband and wife. The above recommendations about powers of attorney may serve you well in your state of registration, or you may need to have wills leaving the jointly-owned property to the other owner.

My partner and I have wills naming the other as primary heir, then designating a few specific family-heirloom kind of items to our respective family members, etc. Thus far, our real property is titled individually, but that's just been for financial convenience. Our next house is likely to be titled jointly, and we'll consult a lawyer beforehand so we get that right. The risks are low in our case, because our respective families know each other and are well aware of our wishes, but in states like Texas, bad families can easily challenge wills and other such documents that are ... let's just say "non traditional."
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Old 10-12-2010, 07:47 AM   #10
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I have always been told if you have the word "and" between the two names both of you need to sign the title to transfer it. If the word "or" is between the two names, either one of you can sell or transfer the title to the AS, car, pickup, or whatever. Our AS and all our vehicles have both of our names on them with the word "or" between them.
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Old 10-21-2010, 12:31 AM   #11
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We bought the Airstream in Texas awhile back, and it styaed in his name all this time til the heart thing happenned, we every body had to adjust. We did fix the title during a trip to Texas recently and it was mailed to us a few days later. I am also and have been his power of attourney (sp) for about a year now. Thanks for all the advice.
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Old 10-21-2010, 07:52 AM   #12
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Just go to your local Tag office and they can fix it. Call them first and they will tell you exactly what is required. I would think the cost of a new title with both names would be really cheap if it is even required.
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