Short Answer

In North Carolina, you generally need a court order that awards the vehicle to you and authorizes a signature on the other owner’s behalf if they refuse. Take a certified copy of that order to the NCDMV with title paperwork (typically the current title or a duplicate title application), a title application (MVR-1), and any required odometer disclosure and lien release. Without a court order, the DMV usually cannot remove a co-owner from title.

Understanding the Problem

In North Carolina, can you retitle a jointly owned car in your sole name if the other titled owner won’t sign the DMV paperwork? You are a divorced co-owner, and your ex will not cooperate with the DMV to remove your name from the title.

Apply the Law

Under North Carolina law, the DMV normally requires signatures from all titled owners to transfer title, unless a court order provides otherwise. After divorce, a District Court judge can resolve who owns the vehicle in an equitable distribution order or an enforcement order. If a party refuses to sign paperwork as ordered, the judge may authorize the Clerk of Superior Court to sign for that party so the DMV can issue a new title. To complete the DMV part, you submit the court order with standard title forms and any lien releases. If the original title is unavailable, you apply for a duplicate before retitling.

Key Requirements

• Legal authority: A North Carolina District Court order awarding the vehicle and authorizing signature on behalf of the noncooperative owner (often via Rule 70 relief) if they won’t sign.
• DMV paperwork: Current title signed as ordered, or a duplicate title application (MVR-4) if the title cannot be produced; a title application (MVR-1); and proof of insurance.
• Disclosures and releases: Odometer disclosure (MVR-180 if required due to title age) and a lien release from the lender if a lien was recorded.
• Certified order: A certified copy of the court order to present to the DMV along with the forms and fees.

What the Statutes Say

• North Carolina Gen. Stat. § 50-20 (Equitable Distribution) – District Court may classify, value, and distribute marital property (including vehicles) between spouses.
• North Carolina Rules of Civil Procedure, Rule 70 – If a party ordered to transfer property refuses, the court can direct another person (e.g., the clerk) to execute the transfer.
• North Carolina Gen. Stat. § 20-52 (Applications for registration and title) – Governs title applications and joint ownership designations for motor vehicles.

Analysis

Apply the Rule to the Facts: Because your ex will not sign DMV paperwork, the practical path is a court order. If your divorce or property order already awarded the car, ask the District Court to enforce it and authorize a signature on your ex’s behalf under Rule 70. If no property order exists, you will likely need to seek one that adjudicates ownership before the DMV can retitle. With a certified order, take the title (or apply for a duplicate), submit an MVR-1, provide any required odometer disclosure and lien release, and the DMV can issue a new title in one name.

Process & Timing

1. Who files: The titled co-owner seeking sole title. Where: North Carolina District Court (family court division) in the county of your case. What: Motion to enforce/equitable distribution order or a complaint seeking an order awarding the vehicle and authorizing Rule 70 execution. When: As soon as noncooperation becomes clear; court scheduling varies by county.
2. Obtain a certified copy of the court order. Gather the current title; if it’s missing, apply for a duplicate using DMV Form MVR-4. Allow at least 15 days for the duplicate title process before retitling.
3. At the NCDMV or a license plate agency: submit the certified court order, the title (or the duplicate), a completed Title Application (MVR-1), any required Odometer Disclosure (MVR-180 if applicable), proof of insurance, lien release (if any), and fees. DMV issues a new title in one name.

Exceptions & Pitfalls

• No court order: Without an order awarding title and authorizing signature if needed, the DMV usually cannot remove a co-owner.
• Liens: If a lien was recorded, you need a lien release from the lender before the DMV will retitle.
• Paperwork mismatches: Names, VIN, and order language should match the title and forms; discrepancies can cause DMV rejection.
• Odometer and notarization: Complete odometer disclosures correctly and follow notary requirements on title assignments and forms.
• Timing and preservation issues: If no property order exists from the divorce, you may need to file for one; procedures and timelines can affect how quickly you can retitle.

Talk to a Family Law Attorney

If you’re dealing with a jointly titled vehicle and the other owner won’t sign, 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.