Short Answer

In North Carolina, any co-owner can start a partition of personal property by filing a special proceeding with the Clerk of Superior Court. For a single boat, the court typically orders a sale and divides the net proceeds between co-owners, with fair credits or reimbursements for necessary repairs and carrying costs. You must name and serve all co-owners and any lienholders. If anyone contests, the clerk can appoint commissioners and, if needed, order a judicial sale.

Understanding the Problem

In North Carolina, can you force a resolution when you and a co-owner disagree about what to do with a jointly titled boat? Here, both names are on the boat title, the other person objects to transferring title unless reimbursed for repairs, and you’re shouldering storage and fees while the boat has little value. This is exactly the kind of co-ownership dispute a partition proceeding is designed to address before the Clerk of Superior Court.

Apply the Law

North Carolina law allows partition of personal property (like a boat) held by co-owners. Partition is a special proceeding filed with the Clerk of Superior Court. If the item cannot be divided “in kind” without harming its value—as with a single boat—the usual remedy is a sale and division of the net proceeds. The clerk can consider adjustments for necessary repairs, improvements, insurance, storage, and similar carrying costs so that the split is equitable. Respondents generally have 10 days after service to answer in a special proceeding.

Key Requirements

• Co-ownership: The boat must be jointly owned (typically as tenants in common or joint owners without survivorship) so each party holds a divisible interest.
• Proper filing and service: File a verified petition for partition of personal property with the Clerk of Superior Court; name all co-owners and any lienholders; serve everyone with a Special Proceedings Summons under Rule 4.
• Relief requested: Ask for sale in lieu of partition (common for a single boat), appointment of commissioners if needed, and an accounting for contributions and carrying costs.
• Adjustments and credits: Seek credits or reimbursements for necessary repairs, improvements that enhanced value, insurance, storage, and fees; request liens or owelty as appropriate to equalize shares.
• Hearing, transfer, and appeal: The clerk conducts the proceeding; disputed factual or equitable issues may be transferred to Superior Court; final orders can be appealed within short deadlines.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Authorizes partition of co-owned property and sale in lieu of partition when division in kind is impractical.
• North Carolina Gen. Stat. § 1-301.2 (Appeals in special proceedings) – Governs transfers to Superior Court and de novo appeals from clerk’s orders.
• North Carolina Gen. Stat. § 1-339.1 (Judicial sales) – Sets procedures for court-ordered sales, including notices, bids, and confirmation.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship) – Explains when survivorship applies to jointly owned personal property, which can affect partition rights.

Analysis

Apply the Rule to the Facts: You and your former partner both appear on the title, so co-ownership is clear. Because a single boat cannot be divided fairly, a sale in lieu of partition is the likely remedy, with the net proceeds split by ownership shares. The former partner’s repair contribution and your storage/fee payments can be addressed through credits at distribution if they were necessary or enhanced value. Their refusal to sign the title does not block you from filing a partition proceeding.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the county tied by statute to the dispute (commonly where the boat is located or a co-owner resides). What: Verified petition for partition of personal property; Special Proceedings Summons (AOC‑SP‑100) for service. When: After filing, respondents generally have 10 days from service to answer.
2. The clerk sets a hearing. If contested, the clerk may appoint disinterested commissioners to evaluate whether division in kind is feasible (usually not for a single boat) and recommend sale. Disputed factual or equitable issues can prompt transfer to Superior Court.
3. If sale is ordered, it proceeds as a judicial sale under Chapter 1, Article 29A, with notice and an upset-bid period, followed by confirmation. The clerk oversees distribution of net proceeds, applying allowed credits and liens, and enters a final order.

Exceptions & Pitfalls

• If the title created a right of survivorship, partition may not be available; the instrument governs ownership.
• Leaving out a co-owner or lienholder can delay the case or undermine a sale; identify and serve all necessary parties.
• Service missteps (including servicemember protections) can derail the proceeding; use Rule 4 service with the Special Proceedings Summons and address any SCRA issues.
• Credits require proof; keep bills and records for repairs, insurance, storage, and fees to support reimbursement.
• Cost-benefit matters; when a boat has minimal value, sale costs and storage may consume proceeds—discuss feasibility before filing.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned boat and a partner who won’t cooperate, 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.