§ 31-2-104 — Transfer of ownership

Wyoming § 31-2-104

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 2: TITLE AND REGISTRATION
• Art. 1: CERTIFICATES OF TITLE

Text

(a) Except as otherwise provided in this section and W.S.
31-2-104.1, the owner of a vehicle who sells or transfers his
interest in a vehicle for which a certificate of title has been
issued shall endorse an assignment and warranty of title upon
the certificate for the vehicle with a statement of all liens
and encumbrances thereon, which assignment, warranty and
statement shall be signed and dated by the owner before a
notarial officer and acknowledged thereby in the manner provided
by law, to be dated and delivered to the transferee at the time
of delivering the vehicle. Except as provided in subsection (b)
of this section, the transferee shall present the certificate to
a county clerk and apply for a new certificate of title within
the same time periods as required by W.S. 31-2-201(a)(ii).
Note: Effective 7/1/2027 this subsection will read as:
(a) Except as otherwise provided in this section and W.S.
31-2-104.1, the owner of a vehicle who sells or transfers his
interest in a vehicle for which a certificate of title has been
issued shall endorse an assignment and warranty of title upon
the certificate for the vehicle with a statement of all liens
and encumbrances thereon, which assignment, warranty and
statement shall be signed and dated by the owner before a
notarial officer and acknowledged thereby in the manner provided
by law or signed electronically in accordance with W.S. 40-21-
101 through 40-21-119, to be dated and delivered to the
transferee at the time of delivering the vehicle. Delivery may
be made electronically through the electronic lien and title
system established under W.S. 31-2-113. Except as provided in
subsection (b) of this section, the transferee shall present the
certificate to a county clerk and apply for a new certificate of
title electronically through the electronic lien and title
system established under W.S. 31-2-113 or at the office of a
county clerk within the same time periods as required by W.S.
31-2-201(a)(ii).
(b) If the transferee is a licensed dealer who holds the
vehicle for resale, procures the certificate of title from the
transferor and operates the vehicle only for demonstration
purposes under dealer license plates, the dealer is not required
to obtain a new certificate of title but may transfer the
vehicle by an assignment and warranty of title upon the
certificate of title or department approved statement of
transfer form and deliver the certificate to a subsequent
transferee.
(c) Except as provided by W.S. 31-2-104.1 in the event of
a transfer by operation of law of any interest in a vehicle as
upon an order in bankruptcy or insolvency, execution sale,
repossession upon default in the performance of the terms of a
lease or sales contract or otherwise than by voluntary act of
the person whose title or interest is transferred, the
administrator, receiver, trustee, sheriff, creditor or other
representative or successor in interest of the person whose
interest is transferred shall forward to the county clerk an
application for a certificate of title together with a verified
or certified statement of the transfer of interest. The
statement shall set forth the reason for the involuntary
transfer, the interest transferred, the name of the transferee,
the process or procedure effecting the transfer and other
information requested by the county clerk. Evidence and
instruments otherwise required by law to effect a transfer of
legal or equitable title to or an interest in a vehicle in such
cases shall be furnished with the statement. If a transfer of
title to a creditor is accomplished in accordance with the
provisions of this subsection, a creditor retains the right to
seek any deficiency balance which may exist after sale, provided
the creditor has complied with all applicable law, and the
transfer by itself shall not be considered a strict foreclosure
or an election to retain the collateral in satisfaction of an
obligation as provided by W.S. 34.1-9-620 and does not affect
the debtor's right to redeem the collateral under W.S. 34.1-9-
623. If from the records of the county clerk there appears to be
any lien on the vehicle which was recorded prior to the lien of
the creditor applying for title and which has not been released,
the certificate of title shall contain a statement of the lien.
The creditor repossessing and applying for title to the vehicle
shall notify all persons holding liens on the vehicle by
certified mail return receipt requested at least fifteen (15)
days prior to filing the application for title. Any proceeds
from the sale, lease or other disposition of the vehicle shall
be distributed in accordance with the provisions of W.S. 34.1-9-
608.
(d) Repealed by Laws 2003, Ch. 33, § 2.
(e) Repealed by Laws 2001, Ch. 72, § 3.
(f) Any person knowingly providing false or incomplete
information on any statement required by this act is guilty of a
misdemeanor and upon conviction shall be fined not more than
seven hundred fifty dollars ($750.00), imprisoned for not more
than six (6) months, or both.
(g) Repealed by Laws 2009, Ch. 16, § 4.
(h) The requirement under subsection (a) of this section
to deliver a certificate of title to a transferee at the time
the vehicle is delivered does not apply to a transferor if:
(i) The certificate of title is being held by a bank
or other financial institution on the date the vehicle is
delivered. The transferor shall then deliver to the transferee
a dealer's invoice or a signed bill of sale, in substantially
the form specified in paragraph (ii) of this subsection, and the
certificate of title shall be delivered to the transferee within
thirty (30) days from the date of the sale; or
Note: Effective 7/1/2027 this paragraph will read as:
(i) The certificate of title is being held by a bank
or other financial institution on the date the vehicle is
delivered. The transferor shall then deliver to the transferee a
dealer's invoice or a signed bill of sale, in substantially the
form specified in paragraph (ii) of this subsection, and the
certificate of title shall be delivered either in person or
electronically through the electronic lien and title system
established under W.S. 31-2-113 to the transferee within thirty
(30) days from the date of the sale; or
(ii) The transferor is an auctioneer of vehicles and
transfers the vehicle in the course of his business as an
auctioneer of vehicles or through an auctioneer of
vehicles. The transferor or auctioneer shall then deliver the
certificate of title to the transferee within thirty (30) days
of the date of sale and shall deliver to the transferee at the
time the vehicle is delivered a signed bill of sale in
substantially the following form:
VEHICLE BILL OF SALE
I, (PRINTED NAME OF TRANSFEROR OR AUCTIONEER), on (date), hereby
sell and convey all (my interest the interest of (name of
current owner)) in the following described vehicle: (COLOR,
YEAR, MAKE, MODEL, VEHICLE IDENTIFICATION NUMBER) to (PRINTED
NAME OF TRANSFEREE) in exchange for: (sales price). I hereby
state that the certificate of title for the above described
vehicle is held by (PRINTED NAME OF TRANSFEROR-VEHICLE
AUCTIONEER, BANK OR OTHER FINANCIAL INSTITUTION) and that within
thirty (30) days, (PRINTED NAME OF TRANSFEREE) will be provided
a properly executed title free of all liens for the vehicle
unless otherwise specified in this bill of sale. I certify (or
declare) under penalty of perjury under the laws of the State of
Wyoming that the contents of this document are true and correct.
DATE: _________
_______________________________________
(TRANSFEROR'S OR AUCTIONEER'S SIGNATURE)
________________________________________________________________
________________________________________________________________
_________________________________________________
(TRANSFEROR'S OR AUCTIONEER'S ADDRESS, PHONE NUMBER AND DRIVER'S
LICENSE, IDENTIFICATION OR DEALER NUMBER)
Note: Effective 7/1/2027 this paragraph will read as:
(ii) The transferor is an auctioneer of vehicles and
transfers the vehicle in the course of his business as an
auctioneer of vehicles or through an auctioneer of vehicles. The
transferor or auctioneer shall then deliver the certificate of
title either in person or electronically through the electronic
lien and title system established under W.S. 31-2-113 to the
transferee within thirty (30) days of the date of sale and shall
deliver to the transferee at the time the vehicle is delivered a
signed bill of sale in substantially the following form:
VEHICLE BILL OF SALE
I, (PRINTED NAME OF TRANSFEROR OR AUCTIONEER), on (date), hereby
sell and convey all (my interest the interest of (name of
current owner)) in the following described vehicle: (COLOR,
YEAR, MAKE, MODEL, VEHICLE IDENTIFICATION NUMBER) to (PRINTED
NAME OF TRANSFEREE) in exchange for: (sales price). I hereby
state that the certificate of title for the above described
vehicle is held by (PRINTED NAME OF TRANSFEROR-VEHICLE
AUCTIONEER, BANK OR OTHER FINANCIAL INSTITUTION) and that within
thirty (30) days, (PRINTED NAME OF TRANSFEREE) will be provided
a properly executed title free of all liens for the vehicle
unless otherwise specified in this bill of sale. I certify (or
declare) under penalty of perjury under the laws of the State of
Wyoming that the contents of this document are true and correct.
DATE: _________
_______________________________________
(TRANSFEROR'S OR AUCTIONEER'S SIGNATURE)
________________________________________________________________
________________________________________________________________
_________________________________________________
(TRANSFEROR'S OR AUCTIONEER'S ADDRESS, PHONE NUMBER AND DRIVER'S
LICENSE, IDENTIFICATION OR DEALER NUMBER)
(j) If a vehicle is held by two (2) or more persons as
joint tenants with right of survivorship clearly stated on the
certificate of title, following the death of one (1) of the
joint owners a surviving owner may apply to a county clerk for a
new certificate of title in the name of the survivor or, if more
than one (1) owner survives, jointly in the names of the
survivors. The application for a new certificate of title shall
be accompanied by a certified copy of the death certificate of
the deceased owner. The county clerk shall issue the new
certificate of title as provided in W.S. 31-2-103(d), except
that no sales or use tax shall be due when obtaining a
certificate of title pursuant to this subsection.
(k) Notwithstanding the provisions of subsection (j) of
this section, the surviving owner or owners of a vehicle held by
joint tenants with the right of survivorship may transfer
ownership without first obtaining a title in the name of the
surviving owner or owners by complying with the requirements of
subsection (a) of this section and providing the transferee with
a certified copy of the death certificate of the deceased owner.
Any applicable sales or use tax shall be paid pursuant to W.S.
39-15-107(b) or 39-16-107(b).
(m) If a vehicle is held by two (2) or more persons, any
person identified as an owner on the certificate of title shall
have the right to transfer all interest in the vehicle without
the signature of any other owner on the title unless:
(i) The title states the vehicle is held in joint
tenancy with right of survivorship or tenancy by the entirety;
(ii) The title states the vehicle is held by co-
owners in the conjunctive, by the use of the word "and" or other
similar language, in which event transfer shall require the
signature of each co-owner;
(iii) A transfer of all interests in the vehicle by
an owner without the signature of any other owner is otherwise
prohibited by law.