I can’t count the times I have dealt with a trade vehicle coming in, and only one person has signed off on the title, and the title has the dreaded “And” on it. For some reason, this still happens where salespeople take in trades, and they do not pay attention to how multiple people are listed on the title.
Florida Statute 319.1235 makes it very clear that when the word “or” is used then either of the named owners can assign the ownership of the vehicle, but when it is an “and” both people must sign the paperwork.
On occasion we had vehicles come in, where the second person with the “And” was deceased, but unfortunately that does not take away the power of the “And.” I used to call these Zombie vehicles, because it would take us months sometimes to clear up the issue. With a deceased co-owner the vehicle must either go through probate, so a new ownership interest of the dead person is adjudicated through the will or through intestate. Or, an easier means, if the car was co-owned by spouses, or other family members, and no one else has rights to the car, that person can go to the DMV to fill out an affidavit of transfer and have the title listed in only the living person’s name.
While it seems like common sense to check the “And” and “Or” it is still an annual issue. It is good to remind your staff to check, and not to just accept that someone is deceased and accept a single signature. Catching it on the front end will save you time, money, and possible DMV violations when having to transfer the title over.