Short Answer

In North Carolina, you generally cannot remove a co-owner from a car title without either their signature or a court order. If you preserved an equitable distribution (property division) claim before your divorce, you can ask the district court to award the vehicle and use a Rule 70 order so the clerk or sheriff signs the title if your ex refuses. If you did not preserve equitable distribution, you can file a special proceeding to partition the vehicle (often by sale) and retitle based on the court’s order.

Understanding the Problem

In North Carolina, can a divorced co-owner remove their name from a jointly titled vehicle when the other co-owner refuses to go to the DMV? Here, your ex finished paying the loan and received the paper title, but your name still appears on the title and registration. You want your name off, and your ex will not cooperate with DMV paperwork.

Apply the Law

North Carolina DMV will not retitle a vehicle away from a current owner without that owner’s signature or a certified court order that directs the transfer. Family courts can resolve vehicle ownership in equitable distribution (ED) if the claim was filed before the divorce was granted. When someone refuses to sign documents the court has ordered them to sign, Rule 70 allows the court to authorize the clerk or sheriff to execute the title for that person. If ED was not preserved, co-owners can still resolve title through a partition proceeding for personal property, which commonly results in a sale and division of proceeds, followed by retitling based on the court’s order.

Key Requirements

• Joint ownership and refusal: You and your ex are both on the current title, and the ex will not sign DMV transfer documents.
• Equitable distribution option (if preserved): If you filed an ED claim before the divorce or have an order/agreements awarding the car, you can seek enforcement and a Rule 70 signature to complete the title work.
• Partition option (if ED not available): Without a preserved ED claim, file a special proceeding to partition personal property; the clerk may order a sale and divide proceeds, with retitling per the order.
• Court-order details for DMV: The order should clearly identify the vehicle (make/model/VIN) and direct issuance of title; DMV typically requires a certified copy plus standard title forms and insurance proof.

What the Statutes Say

• North Carolina Gen. Stat. § 50-20 (Equitable distribution) – Allows the court to classify, value, and distribute marital and divisible property.
• North Carolina Gen. Stat. § 50-11 (Absolute divorce; effects) – An absolute divorce ends the right to equitable distribution unless the claim was filed beforehand.
• North Carolina Gen. Stat. § 1A-1, Rule 70 (Judgment for specific acts) – Lets the court authorize the clerk or sheriff to sign title documents if a party refuses.

Analysis

Apply the Rule to the Facts: Your name remains on the title despite your ex paying off the loan—that payment does not change ownership. If you filed equitable distribution before the divorce, you can ask the district court to award the vehicle and issue a Rule 70 order so the clerk or sheriff signs DMV forms if your ex will not. If you did not preserve equitable distribution, you can file a partition proceeding for the vehicle; the clerk can order a sale and a new title based on the court’s order.

Process & Timing

1. Who files: You. Where: If equitable distribution exists or there is an order/settlement awarding the car, file a motion to enforce in District Court (family court) where your domestic case was heard. If equitable distribution was not preserved, file a special proceeding for partition of personal property with the Clerk of Superior Court in the appropriate county. What: Motion to enforce and request for Rule 70 order (ED path); or verified petition for partition (partition path). Include the vehicle’s VIN in proposed orders. When: As soon as practical; equitable distribution must have been filed before the divorce was granted to use the ED path.
2. Obtain a certified copy of the court’s order. For Rule 70 enforcement, the order should authorize the clerk or sheriff to sign DMV title documents for the non-cooperative party. For partition, expect an order that directs sale or division and retitling.
3. Carry the certified order to DMV with standard paperwork: North Carolina title application (MVR-1), proof of insurance, applicable fees, and an odometer disclosure if required. DMV will issue a new title consistent with the court’s order.

Exceptions & Pitfalls

• Failing to file equitable distribution before the divorce ends your ability to use ED; you then rely on partition (which often leads to a sale rather than a direct retitle).
• Trying to use DMV alone without a signature or court order will stall; DMV typically needs either all owners’ signatures or a certified court order directing transfer.
• If the title’s co-ownership language allows either owner to sign, DMV may accept one signature; verify the exact wording on your title and current DMV requirements.
• Outstanding liens must be released before DMV retitles; get a lien release if any lien still appears in DMV records, even if the loan was paid off.
• Bankruptcy does not remove your name from title; it affects debt, not ownership—court action or signed title is still required.

Talk to a Family Law Attorney

If you’re dealing with a jointly titled car and a non-cooperative ex, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.