Feb92026
Partition Action Q&A Series

Can I force the sale of a jointly owned vehicle if the other owner won’t agree? – North Carolina

Short Answer

Yes—under North Carolina law, a co-owner of personal property (including a vehicle) can file a partition proceeding in Superior Court to ask the court to divide the property or, if division would unfairly harm one of the owners, order a partition sale and split the proceeds. The court does not require both owners to agree to start the case. Whether the result is a sale, and how the sale happens, depends on the ownership interests, any liens, and whether a practical “split” is possible for a single vehicle.

Understanding the Problem

In North Carolina, the question is whether a co-owner of a single vehicle can use a court process to end shared ownership when the other co-owner refuses to cooperate. The typical decision point is whether the law provides a way to convert a jointly owned vehicle into money that can be divided between the co-owners. The issue usually comes up when one co-owner has the vehicle, the title lists two owners, and there is no agreement on selling, trading in, or buying out the other person’s share.

Apply the Law

North Carolina allows partition of personal property. That means a joint tenant or tenant in common of personal property may file a petition in Superior Court asking the court to partition the property. If the court decides that physically dividing the personal property would injure one or more parties (which is often true for a single vehicle), the court can order a partition sale and then distribute the net proceeds through the case.

Key Requirements

  • Co-ownership interest: The person filing must be a co-owner (for example, listed on the title or otherwise able to prove a joint tenancy or tenancy in common interest in the vehicle).
  • Property can’t be fairly divided: For a single vehicle, “actual partition” (splitting the item itself) is usually not practical, so the case often focuses on whether a sale is necessary to avoid unfair harm.
  • Superior Court partition process: The request is made by petition in the county’s Superior Court, and the court can appoint a commissioner and direct how the sale occurs and how proceeds are handled.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the property is a jointly owned vehicle, and one co-owner will not agree to sell. If the title and other proof show that both parties have an ownership interest, North Carolina law allows a petition to partition personal property in Superior Court. Because a vehicle generally cannot be physically divided without destroying value, the case commonly turns into a request for a court-ordered partition sale so the ownership can be converted into sale proceeds and divided.

Process & Timing

  1. Who files: A co-owner of the vehicle (a joint tenant or tenant in common). Where: Superior Court in the county where the partition petition is filed (typically where at least one party resides or where the dispute is being litigated). What: A petition to partition personal property identifying the vehicle, the co-owners, and each person’s claimed ownership share, and requesting partition by sale if actual division would cause injury. When: There is no single universal “must file by” date in the partition statutes for this situation, but delay can create practical problems (vehicle depreciation, insurance lapses, storage costs, or disputes about use).
  2. Case steps: The other co-owner must be served and has a chance to respond and dispute ownership shares, request a different remedy, or raise issues about liens and expenses. The court may appoint a commissioner and set sale terms, and the court will supervise how proceeds are held and distributed through the case.
  3. Outcome: If the court orders a partition sale, the vehicle is sold under the court-directed process, and the net proceeds are distributed to the co-owners according to their interests (after addressing allowed costs and any liens that must be paid from sale proceeds).

Exceptions & Pitfalls

  • Title and ownership disputes: A name on the title is strong evidence, but disagreements can arise about whether the ownership is truly shared, whether someone was added for convenience, or whether one party claims a larger share based on payments.
  • Loans and liens: If there is a lienholder, a sale may need to satisfy the lien from the proceeds. A partition case is not a way to erase a secured debt, and lien issues can affect whether a sale is practical.
  • Possession fights vs. partition: Partition is about ending co-ownership. If the immediate problem is that one co-owner is wrongfully keeping the vehicle from the other, a different court remedy may be needed to address possession while the ownership dispute is pending.
  • Costs and credits: Disputes often arise over who paid insurance, repairs, taxes/fees, or storage, and whether those amounts should be credited when proceeds are divided. Good records matter.
  • Informal “self-help” sales: Selling or transferring a jointly titled vehicle without proper authority can create civil liability and can complicate the partition case.

Conclusion

Under North Carolina law, a co-owner can file a petition in Superior Court to partition jointly owned personal property, including a vehicle, even if the other owner refuses to agree. Because a single vehicle usually cannot be fairly divided, the court can order a partition sale and then divide the proceeds based on each co-owner’s interest. The practical next step is to file a partition petition in Superior Court and request a sale if actual division would cause injury, then promptly serve the other co-owner so the case can move forward.

Talk to a Partition Action Attorney

If you’re dealing with a jointly owned vehicle and the other owner won’t agree to sell, our firm has experienced attorneys who can help explain the partition process, likely timelines, and what documents matter most. 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.