Tennessee § 55-3-118 - Transfer of title.

§ 55-3-118. Transfer of title.

In order to transfer titling to any motor vehicle coming within the title provisions of chapters 1-6 of this title, the owner shall endorse an assignment and warranty of title upon the certificate of title, if in such owner's possession, for such vehicle, with a statement of all liens or encumbrances, and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle, except as provided in § 55-3-203. Any owner desiring to transfer title to any motor vehicle coming within the title provisions of chapters 1-6 of this title, whose certificate of title is being held by a lienor, may, in lieu of executing the assignment provided on the reverse side of the certificate of title, execute and deliver to the transferee a separate bill of sale which shall show the name and address of the lienor in whose possession the certificate of title is being held, and all other information as may be required by the reasonable rules and regulations of the commissioner, and which bill of sale shall be signed by the seller, whose signature shall be acknowledged before a notary public. When ownership of a motor vehicle, jointly owned by two (2) or more persons, is transferred, the signatures of all persons listed as joint owners shall be required to transfer title. Only one (1) party's signature shall be required to transfer a title to a motor vehicle if the title is registered in the name of one (1) spouse, or both where the conjunction between the names on the title is “or.” This section does not apply to transfers effected by operation of law under § 55-3-121. Acts 1951, ch. 70, § 48 (Williams, § 5538.148); Acts 1972, ch. 540, § 4; T.C.A. (orig. ed.), § 59-319; Acts 1982, ch. 600, § 3; 1982, ch. 740, § 1; 1986, ch. 771, § 4; 1990, ch. 595, § 1; 2009, ch. 530, § 130. Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, §§ 31, 31.1. Law Reviews. Personal Property and Sales — 1956 Tennessee Survey (J. Allen Smith), 9 Vand. L. Rev. 1045. Attorney General Opinions. If a certificate of title lists both spouses as owners and their names are joined by the conjunction “or,” the signature of either spouse is sufficient to transfer ownership to a buyer; if the certificate of title lists the name of only one of the spouses, then only the listed spouse's signature is required; in all other cases, the signatures of both spouses are required, OAG 00-155, 2000 Tenn. AG LEXIS 157 (10/13/00). If spouses intend to own a vehicle jointly, such that the consent of both will be required to transfer title to a third party, they should list their names on the certificate of title joined by the conjunction “and;” if they intend that either spouse may transfer title without the consent of the other, they should list their names on the certificate of title joined by the conjunction “or;” if only one of the spouses' names appears on the certificate of title, only that spouse may transfer title, OAG 00-155, 2000 Tenn. AG LEXIS 157 (10/13/00).