Leawood, KS asked in Estate Planning for Kansas

Q: How should we title our cars with husband's & wife's name: with OR or AND?

Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: From the Kansas Department of Revenue Motor Vehicles Department website:

In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:

And - All persons listed before and after the “and” must sign.

and/or - Either person listed can sign, only one signature required.

Or - Either person listed can sign. Only one signature is required.

Due to difficulties with other titling jurisdictions interpretation of “and/or” differently than that from Kansas, it is suggested that if you want only one person to be allowed to sign all transactions for a vehicle, the word “or” should be used between names.

The Kansas Division of Vehicle interprets two or more names with no connection between the names to be “and”, which will require all persons listed to sign as owner.

A pretty clear answer to your question.

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