46.2-633 - Transfer of title by operation of law.
§ 46.2-633. Transfer of title by operation of law.
A. Except as otherwise provided in § 46.2-615 in the event of the transfer byoperation of law of the title or interest of an owner in and to a motorvehicle, trailer, or semitrailer registered under the provisions of thischapter to anyone as legatee or distributee or as surviving joint owner or byan order in bankruptcy or insolvency, execution sale, sales as provided forin § 46.2-644.03, repossession on default in the performing of the terms of alease or executory sales contract or of any written agreement ratified orincorporated in a decree or order of a court of record, or otherwise than bythe voluntary act of the person whose title or interest is so transferred,the transferee or his legal representative shall apply to the Department fora certificate of title, giving the name and address of the person entitled toit, and accompany his application with the registration card and certificateof title previously issued for the motor vehicle, trailer, or semitrailer, ifavailable, together with whatever instruments or documents of authority, orcertified copies of them, are required by law to evidence or effect atransfer of title or interest in or to chattels in the case. The Departmentshall cancel the registration of the motor vehicle, trailer, or semitrailerand issue a new certificate of title to the person entitled to it.
B. Notwithstanding the provisions of subsection A, if a title is presentedfrom a state other than the Commonwealth, the Department shall, uponpresentation of the title and a form prescribed by the Commissioner attestingto the lawful repossession of the vehicle and the intent to offer the vehiclefor sale in the Commonwealth, issue a new certificate of title to the personentitled to it and request the state in which the vehicle is titled to cancelthe title. Nothing in this subsection, however, shall be construed to requirethe presentation of a title from a state other than the Commonwealth if thevehicle is not required to be titled by the laws of that other state.
(Code 1950, § 46-89; 1958, c. 541, § 46.1-93; 1964, c. 142; 1968, cc. 187,605; 1970, c. 287; 1989, c. 727; 2005, cc. 766, 849; 2008, Sp. Sess. II, c.7; 2009, c. 664.)