Short Answer

In North Carolina, you generally cannot force a co-owner to sign over a jointly titled boat. Your remedy is a partition proceeding: file with the Clerk of Superior Court and ask the court to either sell the boat and divide net proceeds or award title to one owner with appropriate credits. Because a boat cannot be physically divided, courts often order a sale or transfer by court order without the other owner’s signature.

Understanding the Problem

North Carolina question: Can I, as a co-owner, make my former partner transfer title to a jointly titled boat? You want the title in your name, and your former partner refuses to sign unless repaid for a repair contribution.

Apply the Law

Under North Carolina law, co-owners of personal property (like a titled vessel) each hold an undivided interest. One owner cannot unilaterally divest the other. If you cannot agree, you may file a partition special proceeding with the Clerk of Superior Court. For property that cannot be split without harming its value—such as a boat—the court may order a sale and divide the net proceeds, or award the boat to one owner with an offsetting credit to the other. Courts can account for necessary expenses, repairs that increased value, storage/registration fees, and liens before division. A court order can authorize the North Carolina Wildlife Resources Commission to process a title transfer without the other owner’s signature.

Key Requirements

• Co-ownership exists: Joint title means each owner has an undivided interest; neither can force a signature outside a court process.
• File a partition proceeding: Start a special proceeding with the Clerk of Superior Court asking for sale or award of the boat to one owner.
• Indivisibility standard: Show the boat cannot be practically divided without injury; this supports sale or transfer.
• Accounting/credits: Request credits for necessary repairs, improvements that added value, fees, insurance, storage, and payment of liens before division.
• Title mechanics: Use the court’s order to complete transfer through the state vessel titling system if signatures are withheld.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Governs partition special proceedings, including sale when property cannot be divided without injury.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship) – Survivorship is not implied; co-owners typically hold undivided interests absent express survivorship language.
• North Carolina Gen. Stat. § 1-339.1 (Judicial sales; procedure) – Sets procedures courts use when ordering public or private sales and distributing proceeds.
• North Carolina Gen. Stat., Chapter 75A (Vessels) – State framework for vessel registration/titling; court orders can be used to effect transfers when a co-owner refuses to sign.

Analysis

Apply the Rule to the Facts: You and your former partner are co-owners, so neither can compel a signature outside court. Because a boat cannot be divided, a partition filing supports either a court-ordered sale or awarding the boat to you with a credit to your former partner for any qualifying repair value. The fees you have been paying can be presented for crediting before division, especially if they preserved or protected the boat. If the boat is effectively worthless, the court may still order disposition and allocate costs accordingly.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court (special proceeding) in a North Carolina county with a proper connection (often where a party resides or where the boat is kept). What: Verified Petition for Partition (Personal Property) requesting sale or award of the boat and an accounting for contributions; include vessel identification, co-owners, liens, and requested credits. When: File once negotiations fail; there is no set statute of limitations for partition, but delays can create practical issues.
2. Serve the other owner via Rule 4 service. The Clerk sets a hearing. Be prepared to show the boat cannot be divided and to document contributions, carrying costs, and liens. If sale is ordered, the court may appoint a commissioner and require judicial sale procedures; timelines vary by county.
3. After sale (or award to one owner), the court approves distribution: costs and liens first, then credits for allowed expenses/improvements, then net division. If title is awarded to you, use the court order to complete vessel title transfer through the state system without the other owner’s signature.

Exceptions & Pitfalls

• Repairs vs. improvements: Only necessary expenses or improvements that increased value typically earn credits; routine customization may not.
• Liens and secured debt: Any lender’s lien must be satisfied from proceeds before either owner receives funds.
• Service and notice: Improper service can delay or derail relief; follow Rule 4 requirements.
• Low or negative value: If sale costs exceed value, the court may still order disposition and allocate costs; be ready with evidence of fair market value.
• No survivorship: Even if “joint,” survivorship usually doesn’t apply unless expressly stated; this does not give either owner unilateral authority to transfer now.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned boat and a former partner who refuses to transfer title, 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.