Must both vehicle owners sign a Kentucky UCC filing when the title joins their names with 'or'?
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This page answers the general question as of 1992. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
Casey County Clerk Ruth Smith asked whether a UCC filing needed both vehicle owners' signatures when their names appeared on the title with “or” between them. The AG said it did. The opinion assumed from the clerk's inquiry that both signatures were required for an “and” title and found no distinction between the two title forms for UCC filing purposes.
The opinion explained that “or” could describe what happens to an owner's interest at death, without changing either owner's present interest. A vehicle title using “or” therefore did not give one owner a greater current ownership interest for this filing question.
Currency note
This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
County clerks handling UCC filings
For the signature question Smith raised, the AG treated a title naming two owners with “or” the same as one naming them with “and.” The word between their names did not change their current ownership interests.
Joint vehicle owners
The AG said “or” could indicate a right of survivorship in some contexts: when one owner dies, that person's interest passes to the other co-owners. It did not treat that possible result at death as permission for one owner to sign alone while both were living.
Common questions
Does “or” on a Kentucky vehicle title let one owner sign a UCC filing alone?
The AG said no. It found no difference between “and” and “or” titles for the filing signature issue the county clerk presented.
Did “or” give either owner a larger share of the vehicle during life?
No. The opinion said the word did not change either person's current ownership interest.
Why did the AG discuss survivorship?
The opinion said “or” could signal that one owner's interest would pass to the other owners at death. It distinguished that future transfer from each person's present ownership interest.
Background and statutory framework
The opinion answered a county clerk's question about signatures on a UCC filing statement for a jointly titled vehicle. It cited Saylor v. Saylor, 389 S.W.2d 904 (Ky. 1965), for the possible survivorship meaning of “or,” then concluded that the choice between “and” and “or” made no difference for the filing. The letter did not cite a particular UCC statute or discuss other filing requirements.
Citations and references
- Saylor v. Saylor, Ky., 389 S.W.2d 904 (1965): cited for the possible survivorship meaning of “or.”
Source
Original opinion text
OAG 92-15
February 6, 1992
Ruth L. Smith
Casey County Clerk
Liberty, Kentucky 42359
Dear Mrs. Smith:
You have asked whether a UCC filing statement must contain the signatures of both owners of a vehicle when the title shows the ownership to be in one party “or” the other.
We assume from your inquiry that there is no question regarding the necessity that the filing statement contain both signatures when the names are conjoined by the word “and”. You state that you “have run into some opposition” when a title bears the word “or.”
The use of “or” instead of “and” has no legal significance regarding the current ownership of property. The word “or” simply signifies that, at least in some contexts, the property is jointly held with the right of survivorship; that is to say, when one party dies, the deceased party's interest in the property passes to the other co-owners. Saylor v. Saylor, Ky., 389 S.W.2d 904 (1965). In the case of a motor vehicle title, the word “or” would simply indicate how the vehicle is to devolve upon the death of one of the joint owners; it would not signify that either owner has a greater or lesser current ownership interest than would be created by a title bearing the word “and.”
We conclude that for UCC filing purposes there is no distinction between “and” and “or” titles.
Sincerely,
Chris Gorman
Attorney General
Ross T. Carter
Assistant Attorney General
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