Marriage often brings big life changes—including decisions around property ownership.
In Pennsylvania, a postnuptial agreement (a legal contract signed after marriage) can outline how assets like vehicles or real estate are divided between spouses.
When these agreements involve vehicles or property deeds, there are important steps that must be followed with PennDOT, notaries, and licensing offices to ensure the transfers are legal and recognized.
At CNS Licensing, we help couples and families navigate the notary and PennDOT requirements for vehicle title changes related to postnuptial agreements. Below, we break down the key considerations.
What is a Postnuptial Agreement?
A postnuptial agreement is a legally binding document signed by both spouses after marriage. It details how assets—including vehicles, homes, or other property—will be divided if the couple divorces, separates, or in some cases, upon death.
Unlike prenuptial agreements (signed before marriage), postnups address current marital property and can include:
- Reassignment of vehicle ownership
- Transfer of real estate deeds
- Division of jointly owned assets
- Agreements about who maintains financial responsibility
Important: Postnuptial agreements are legal contracts that should always be prepared or reviewed by an attorney. A notary (like CNS Licensing Center) can witness and notarize signatures but cannot provide legal advice or draft the agreement itself.
Vehicle Transfers After a Postnuptial Agreement
If a postnuptial agreement specifies that a vehicle should be transferred to one spouse, PennDOT requires specific steps to update the title and registration.
Steps for Vehicle Title Transfer:
- Prepare the Vehicle Title
- If both spouses are listed as owners, both must sign off to transfer ownership.
- If only one spouse is listed, a transfer may still be required if ownership is reassigned by the postnup.
- Notarize the Signatures
- Title transfers in Pennsylvania require notarization.
- All signatures must be made in front of a notary with valid ID.
- Provide Proof of Insurance
- The spouse receiving the vehicle must show proof of PA insurance in their name.
- Submit Supporting Documents
- Bring the postnuptial agreement (or a certified copy) if it establishes authority for the transfer.
- Complete required PennDOT forms (e.g., title transfer, Affidavit of Gift if no money is exchanged).
- Pay Applicable Fees
- State title and registration fees, plus notary service fees, apply.
Gift vs. Sale in Postnuptial Transfers
Most vehicle transfers between spouses under a postnup are considered gifts, since no money changes hands.
- Gift Transfer: Requires an Affidavit of Gift (MV-13ST). No sales tax is applied between spouses.
- Sale Transfer: If money is exchanged, sales tax may apply. Sales price must be documented.
Deed Transfers for Real Estate
If the postnuptial agreement reassigns ownership of a home or property, the deed must also be updated.
- Notarization Required: Both parties must sign in front of a notary.
- Deed Recording: The notarized deed must be recorded with the county Recorder of Deeds office.
- Legal Guidance Recommended: Deeds are legal property documents, and mistakes can cause future disputes. An attorney should draft or review the deed transfer before notarization.
What a Notary Can and Cannot Do
At CNS Licensing, we frequently notarize documents for postnuptial transfers, but it’s important to understand our role:
We Can:
- Verify identities of signing parties.
- Witness and notarize signatures.
- Notarize PennDOT title transfer paperwork and affidavits.
- Guide you through PennDOT’s documentation requirements.
We Cannot:
- Draft or interpret your postnuptial agreement.
- Provide legal advice on property division.
- Decide how assets should be distributed.
No matter what, we make the paperwork simple. Whether you need to notarize your postnuptial agreement, transfer a vehicle title, or process PennDOT documentation, our team ensures every step is handled correctly and efficiently.
Have questions about your specific situation? Contact CNS Licensing today, and we’ll walk you through the process, at 717.625.0066 or info@cnslicensing.com.
