What an affidavit of motor vehicle gift transfer does in Texas
An affidavit of motor vehicle gift transfer is a document you file with the Texas Department of Motor Vehicles (DMV) when you receive a vehicle as a gift and want to transfer the title into your name. It replaces the standard bill of sale and tells the state that no money changed hands — the vehicle was given to you. The DMV uses this form to process your title transfer without sales tax, since a gift is not a taxable transaction.
You need this form specifically when the person giving you the vehicle is a relative or when the transfer qualifies as a gift under Texas law. If you buy a vehicle from someone, even at a discount, you use a bill of sale instead. The affidavit is the state's way of documenting that the transfer is a genuine gift, not a sale disguised to avoid taxes.
Key Takeaways
- The affidavit of motor vehicle gift transfer is required by the Texas DMV when you receive a vehicle as a gift and must be signed by both the giver and receiver.
- You file the affidavit along with the vehicle's title, your completed process for Texas Title and/or Registration (Form 130-U), and proof of identity at a DMV office or by mail.
- The DMV will not charge sales tax on a gift transfer, but you still pay registration fees and any applicable county or local fees.
- If the title is lost or the vehicle was purchased out of state, you may need additional documents such as a certified copy of the out-of-state title or an affidavit of lost title.
- The person giving you the vehicle must sign the affidavit in front of a notary public; your signature does not need to be notarized, but the giver's does.
When you need the affidavit instead of a bill of sale
Texas law treats a gift transfer differently from a sale, and the DMV requires the affidavit to prove the difference. You use the affidavit when a relative or other person gives you a vehicle with no payment expected. The state defines a gift as a transfer of ownership with no consideration — meaning nothing of value was exchanged.
If you paid any amount, even $1 or a promise to pay later, the transfer is not a gift and you must use a bill of sale instead. The same applies if you traded something for the vehicle, even if it was not money. The affidavit is also the correct form when the giver is a family member, which Texas law recognizes as a common gift scenario.
If you are unsure whether your situation qualifies as a gift, contact your local DMV office before you file. Submitting the wrong form can delay your title transfer or require you to resubmit with the correct document.
Documents you need to file with the affidavit
The affidavit alone is not enough. You must submit it as part of a complete title transfer package to the Texas DMV. The required documents are the original title (also called the certificate of title), the completed process for Texas Title and/or Registration (Form 130-U), the affidavit of motor vehicle gift transfer, and a valid photo ID.
If the title is in both the giver's and another person's name, you may need consent from the co-owner. If the title is lost, you will need to file an affidavit of lost title in addition to the gift affidavit. If the vehicle was purchased out of state, you need the out-of-state title or a certified copy of it.
Some DMV offices also require proof of the vehicle's identification number (VIN) and proof of insurance. Check with your local office about what they need before you submit your paperwork, as requirements can vary slightly by county.
How to complete the affidavit form
The affidavit of motor vehicle gift transfer is a one-page form provided by the Texas DMV. You can read it from the DMV website or pick up a copy at any DMV office. The form asks for the vehicle's year, make, model, and VIN; the giver's name, address, and signature; and your name, address, and signature.
Both you and the person giving you the vehicle must sign the form. The giver's signature must be notarized — a notary public must witness it and stamp the form. Your signature does not need to be notarized. You can have the form notarized at a bank, a title company, a UPS Store, or a dedicated notary office. Most notaries charge $5 to $15 per signature.
Fill in all fields clearly and completely. Do not leave blanks. If you make a mistake, cross it out, write the correction above it, and have both parties initial the change. Do not use white-out or tape.
Where to file and what happens next
You can file the affidavit and your other documents at any Texas DMV office in person, or you can mail them to the DMV. If you file in person, bring the original title, the signed and notarized affidavit, Form 130-U, your photo ID, and payment for registration fees. The DMV will process your transfer on the spot or within a few days, depending on how busy the office is.
If you mail your documents, send them to the Texas DMV address listed on the Form 130-U instructions. Include a check or money order for the registration fee. Processing by mail usually takes two to four weeks. Keep a copy of everything you send for your records.
Once the DMV approves your transfer, you will receive a new title in your name and a registration sticker. The new title is your proof of ownership. If you are financing the vehicle, the lender's name will appear on the title as a lienholder.
Fees and taxes for a gift transfer
A gift transfer is not subject to Texas sales tax, which is the main advantage of using the affidavit. However, you still pay registration fees, which vary based on the vehicle's weight and age. As of 2024, registration fees range from about $50 to $300 for most passenger vehicles, but the exact amount depends on your county and the vehicle's specifications.
Some counties charge additional local fees on top of the state registration fee. You may also owe property tax if your county taxes vehicles, though this is less common in Texas. Contact your local DMV office or county tax assessor to find out what fees explore in your area.
If the vehicle is financed and the lender requires a title search or lien release, those services may have separate fees charged by the lender or a title company, not by the DMV.
What to do if the title is missing or out of state
If the person giving you the vehicle no longer has the original title, you will need to file an affidavit of lost title along with the gift affidavit. The giver must sign the affidavit of lost title, stating that the title is lost or destroyed. This form is also available from the Texas DMV.
If the vehicle was purchased in another state and the title is from that state, you can still transfer it to a Texas title. Submit the out-of-state title along with your gift affidavit and Form 130-U. The DMV will process the transfer and issue a Texas title in your name. If the out-of-state title is lost, you may need a certified copy from that state's DMV or an affidavit of lost title from the giver.
Out-of-state transfers sometimes take longer because the DMV may need to verify the vehicle's history. If the vehicle is very old or has an unclear title history, the DMV may request additional documents or a vehicle inspection.
Frequently Asked Questions
Does the person giving me the vehicle have to be present when I file the affidavit?
No. The giver must sign the affidavit in front of a notary public, but they do not have to be present when you file it with the DMV. You can take the signed and notarized affidavit to the DMV office yourself. The giver's signature and the notary's stamp are proof that they authorized the transfer.
What if the vehicle has a lien on it?
If the vehicle is financed and the lender's name appears on the title as a lienholder, the lender must release the lien before the title can be transferred to you. The giver must contact the lender and request a lien release. Once the lender releases the lien, the giver can sign the affidavit and you can file it with the DMV. You cannot transfer a vehicle with an active lien without the lender's consent.
Can I use the affidavit if I am buying the vehicle from a family member at a discount?
No. If any money or trade-in is involved, it is a sale, not a gift, and you must use a bill of sale instead. The affidavit is only for transfers with no payment. If you use the affidavit when money changed hands, you may face penalties or the DMV may reject your transfer.
How long does it take to get the new title after I file the affidavit?
If you file in person at a DMV office, you may receive the new title the same day or within a few days. If you mail your documents, processing usually takes two to four weeks. You can check the status of your transfer by contacting the DMV office or checking the DMV website if your county offers online status tracking.
Do I need insurance before I file the affidavit?
Some DMV offices require proof of insurance before they will process a title transfer. Check with your local office. Even if it is not required to file, you will need insurance before you can legally drive the vehicle on public roads in Texas.