Titles
Titles Overview
Every motor vehicle, trailer, semi-trailer, pole trailer, and recreational vehicle driven or moved upon a West Virginia highway must be titled and registered. All ATVs (since 07/01/1989) and UTVs (since 12/28/2010) are required to be titled, but not registered.
A certificate of title is the legal document establishing vehicle ownership. Ownership structures change based on how names are joined:
- Joined by "AND": Both owners must sign the title documents for a sale or transfer to be legally binding.
- Joined by "OR" or "AND/OR": Either owner can sign the title document independently as the seller or purchaser.
CRITICAL BUYER WARNINGS:
- Never buy a vehicle from an individual unless the seller holds a legal title explicitly printed in their own name and can hand it to you at the exact time of sale.
- Always confirm that the Vehicle Identification Number (VIN) on the physical vehicle matches the VIN listed on the certificate of title exactly.
- Ensure the vehicle's physical odometer reading is not less than the odometer reading recorded on the face of the title.
Titling a New Vehicle
Certificate of Origin
When purchasing a brand-new vehicle that has never been titled in any state, the dealer must provide a Manufacturer's Certificate or Statement of Origin (MCO/MSO). This document is sent directly from the manufacturer to the dealer. Upon sale, the dealer completes the reassignment section on this document, which is required to secure your new title. This rule applies equally to vehicles purchased from West Virginia dealers or out-of-state dealerships.
New Vehicle Purchases
- WV Dealerships: In-state dealers are required by law to collect and remit all title taxes and fees along with the application paperwork directly to the DMV, regardless of whether a lien is being recorded.
- Out-of-State Dealerships: If purchased out-of-state, your application must be accompanied by a complete dealer invoice reflecting the final purchase price.
- Price Certification: West Virginia dealers can certify the transaction price directly on the bottom section of theApplication for Certificate of Title (Form DMV-1-TR). If this certification is not completed, an original dealer invoice must be attached.
- Fee Structure: Standard fees include a $15.00 title fee, a 6% titling sales tax on vehicles with a net purchase price over $500 (or a flat $30.00 if the net price is under $500), a $10.00 lien recording fee (if applicable), and appropriate registration or transfer fees.
- Trade-In Credit: If a vehicle trade-in is part of the deal, the 6% titling tax is calculated on the net purchase price (Purchase Price minus Trade-In Value). The trade-in vehicle must be titled in West Virginia in the applicant's name to qualify for this tax credit. Note: Manufacturer rebates are fully taxable and cannot be subtracted from the purchase price.
- Non-Resident Purchases: West Virginia does not charge out-of-state residents the 6% titling tax if the vehicle is not being titled in WV. However, if another state collects sales tax on your purchase, West Virginia does not grant credit for taxes paid to out-of-state entities.
Titling a Used Vehicle
Used Vehicle Purchases
To title a used vehicle, you must obtain the previous owner's title properly reassigned to you. Both the seller and buyer must sign the back of a West Virginia title. For out-of-state titles, the previous owner must sign as the seller, and the new owner's name and address must be clearly populated on the face of the document before submitting it alongside Form DMV-1-TR.
Tax Valuations for Individual/Private Sales:
- Purchase Price BELOW 50% Book Value: If a vehicle is purchased from an individual at a price below 50% of the current NADA Clean Loan Book value, a notarized bill of sale signed by both parties must accompany the application. Otherwise, tax will automatically be assessed on the full NADA Clean Loan Book value.
- Purchase Price ABOVE 50% Book Value: The 6% titling tax will be assessed directly on the declared purchase price.
- Vehicles Two Years Old or Newer: Any vehicle not purchased from a registered dealer that is two (2) years old or newer will be taxed directly on its current NADA Clean Loan Book value, regardless of the private transaction price. Notarized bills of sale will not be accepted to lower this valuation.
Important Notice on Alterations: Titles submitted with an altered or conflicting purchase price accompanied by a secondary bill of sale will be rejected. The original owner must apply for a duplicate title to restart the transfer process. If a duplicate title cannot be obtained, tax will be assessed on the book value regardless of documentation.
All notarized bills of sale or official DMV Bill of Sale forms (Form DMV-7-TR)must be accompanied by a legible copy of both the buyer's and seller's driver's licenses. For more information, you can cross-reference vehicle data via the National Motor Vehicle Title Information System (NMVTIS) website.
Special Vehicle Processes
ATVs & UTVs
All ATVs (since 07/01/1989) and UTVs (since 12/28/2010) must be titled, though standard road registration is optional. If an ATV or UTV pre-dates these mandatory titling milestones and has never been titled in any state, the owner must submit:
- Form DMV-1B: Verification of VIN (must be completed on-site by a law enforcement officer).
- Form DMV-1-TR: Application for Certificate of Title.
- Form MB-12/13: Owner and Purchasing Affidavit.
- A notarized Bill of Sale tracing the transfer from seller to purchaser.
To legally drive these on designated roads, owners may request a Special Purpose Vehicle (SPV) plate using Form DMV-SPV1-TR. The registration fee is a flat $16.00 per year (not pro-rated). Standard fees include the 6% sales tax, $15.00 title fee, and a $10.00 lien fee if applicable. Dealerships applying for an untitled, legacy ATV/UTV must submit these same forms alongside an acquisition invoice.
Gift Transactions
When ownership of a vehicle is transferred for no monetary or physical consideration, the seller must complete an Affidavit of Transfer of Ownership Without Consideration (Form DMV-5-TR). This document must be signed by both buyer and seller and submitted alongside the title.
Exemption: Per WV Code §17A-3-4(2), a gift affidavit is not required if a vehicle is titled in West Virginia and is being transferred strictly between parent and child, child and parent, or spouse and spouse. Relationships outside of these specific parameters require the affidavit, or sales tax will automatically be assessed against the full book value of the vehicle.
WARNING: Providing false or fraudulent information regarding gift transactions or tax values will subject both the buyer and seller to severe administrative penalties, including the immediate revocation, suspension, or cancellation of all driver's licenses, registrations, and permits issued in their names.
- Applications containing a designated purchase price on the title sheet paired with a conflicting "Gift Affidavit" will be rejected.
- If a lien is recorded on the new owner's title, the transfer is not exempt from sales tax; tax will be calculated at 6% of the recorded lien amount.
- Any title listing an individual rather than a financial institution as a lienholder must include a physical copy of the signed loan agreement or contract.
Trade-Ins
To receive a tax credit, the trade-in vehicle must be in the exact same name as the new vehicle being purchased and titled. Legacy exceptions allowing automatic trade-in extensions between spouses or parents/children without changing titles are no longer active.
If a gifted vehicle carries a lien, the new owner must settle a 6% sales tax calculation on the outstanding loan balance before using it as a valid trade-in credit. For example, if a brother gifts a vehicle with an active $5,000.00 lien to his brother, the purchasing brother must clear the title and pay a 6% tax ($300.00) to utilize that vehicle's equity as trade-in credit toward another purchase. If a vehicle is currently titled in two names, it can be traded in toward a vehicle being registered in only one of those names without requiring a preliminary title separation.
Liens, Replacements, and Odometer Controls
Titles and Liens
Vehicles without active liens may be titled and registered seamlessly by mail, in person at any DMV Regional Office, or through authorized private license services.
When a vehicle loan is paid off, the lienholder will mail the physical title to the owner with the lien release section validated. The vehicle owner should immediately apply for a clear title. The DMV database is not electronically updated when a lender signs a physical release, meaning the lien remains active on state records until a clear title application is processed. If a title is lost while a lien is on file, a formal release from the original lender must be obtained before a duplicate can be printed.
Lost or Duplicate Titles
If a vehicle title is lost, stolen, or destroyed, and has no active liens, the owner must complete an Affidavit of Duplicate Title (Form DMV-4-TR). Submit this form with a clear copy of your driver's license, your current registration card (if available), and the $15.00 duplicate title fee.
- Power of Attorney (POA): If a POA is acting on behalf of the owner, copies of identification for both the registered owner and the POA must be submitted.
- Lien Clearances: For ATVs, UTVs, trailers, RVs, or watercraft, if a lien was ever recorded, Section D of Form DMV-4-TR must be completed and notarized by the lender before a clean title can be printed.
- Alternate Delivery Addresses: If a duplicate title is requested via mail and needs to be delivered to an address other than the one on file, a self-addressed, stamped envelope matching the desired destination must be included.
Odometer Disclosure Statements
When a motor vehicle is sold or transferred, the exact mileage must be recorded in the assignment section of the title by the seller. If the title format lacks this section, use Form DMV-TM-1.
| Mandatory Disclosure Required | Exempt from Disclosure |
|---|---|
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Note: Federal guidelines require mileage tracking for vehicle models 2011 and newer for 20 years from manufacture. West Virginia manages odometer exemptions strictly by vehicle class configurations rather than arbitrary baseline age. Odometer status fields must be marked as either: Actual Mileage, Not Actual Mileage, or Mileage Exceeds Mechanical Limits.
Special Circumstances & Program Applications
When a Registrant Dies (Deceased Owners)
Following the death of a vehicle owner, the title should be updated to ensure insurance and tax filings remain accurate.
- Joint Ownership with "OR": The surviving owner can complete the transfer independently by signing the back of the title as the seller and executing the purchaser sections to secure a new title in their name alone.
- Joint Ownership with "AND": Two signatures are required; the surviving owner signs, and an executor, administrator, or legal heir must sign on behalf of the deceased.
- Sole Ownership / No Will: If no will or formal estate administrator exists, the legal heir can complete a Legal Heir Affidavit (Form DMV-185-TR) along with a certified copy of the death certificate to sign for the deceased owner.
- Probated Estates: If a will exists, a certified copy of the court-issued letters of appointment for the executor or administrator must be attached. The division will not accept a raw copy of a will.
Abandoned Vehicles
Only licensed West Virginia towing companies, licensed dealers (exempt from sales tax), repair facilities, auto auctions, and salvage yards are authorized to apply for abandoned vehicle titles. Approved corporate applicants pay only the baseline title fee and are exempt from standard sales tax processing.
Review the full Abandoned Vehicle Procedure Guide or download individual checklist forms:
- Affidavit of Possession: DMV-130-TR
- Application for Title: DMV-1-TR
- VIN Verification Form: DMV-1B
- Information Request: DMV-100-TR
- Odometer Statement: DMV-TM-1
- Abandoned Vehicle Notice: DMV-131-TR
Mail Completed Abandoned Packages To:
Division of Motor Vehicles
5707 MacCorkle Avenue, SE
PO Box 17710
Charleston, WV 25317
Antique Abandoned Vehicles (25 Years or Older): Private property owners can claim an abandoned antique vehicle left on their land, or individuals holding a valid removal certificate can claim one with the landlord's consent. Required files include: Abandoned Title Application (DMV-1-TR), Removal Certificate (DMV-VRC-1) or Property Retained Form (DMV-VRC-1A), VIN Verification (DMV-1B), clear photos of the front and side views, and proof of land ownership (real property tax receipt). A mandatory 30-day waiting period applies after notification letters are sent out by the state.
Salvage & Reconstructed Vehicles
If you are building, reconstructing, or repairing a declared total-loss vehicle, you must transition the vehicle safely through the state's inspection protocol to establish a legal title.
- How-To Guide: How to Title a Reconstructed Vehicle (PDF)
- Official Reconstructed Exam Dates & Salvage Inspection Schedules
- Salvage Certificate Application (Form DMV-SV-1)
- Certificate of Inspection Form (Form DMV-202-TR)
- Standard Certificate of Title (Form DMV-1-TR)
- Note: Form DMV-SV-3 (Reconstructed Examination) contains multi-layer carbon copies and will be physically provided to you by your certified Inspector at the time of your exam.
