Short Answer

Generally, no. In North Carolina, motor vehicles are titled property, and possession alone does not give you ownership. You need a properly assigned title from the titled owner (or that owner’s estate), or you must use the state’s unclaimed/abandoned vehicle process before you remove or dispose of the vehicles. In a partition, the court addresses the real estate; it does not award you untitled vehicles that happen to be on the land.

Understanding the Problem

You co-own North Carolina real estate and are finalizing a mediated settlement soon. You want to do a coordinated walkthrough to remove personal belongings and old vehicles that do not have clear titles before the deed transfer. Can you take those vehicles as part of your personal property now?

Apply the Law

Under North Carolina law, vehicles are personal property that require proper title to prove and transfer ownership. A partition proceeding determines how to divide or sell the land; it does not determine ownership of loose personal property unless the parties or the court address it separately. If the person listed on the vehicle title can sign over title (or if an estate representative can do so), transfer is handled through DMV forms. If nobody can provide a title, the law provides an unclaimed/abandoned vehicle process that uses notice, towing/storage, and a sale to clear title. Forum-wise, any interim access or removal terms tied to the co-owned property are typically documented by agreement and, if needed, by a consent/interim order in the partition file before the Clerk of Superior Court. A practical statutory timing trigger: DMV’s duplicate title process has a mandatory 15-day waiting period after receipt of the application.

Key Requirements

• Proof of ownership: A properly assigned NC title from the titled owner or estate; possession is not enough.
• Authority to enter/remove: Written consent among co-owners or an interim order in the partition file to avoid disputes.
• Title compliance: If the title is lost, apply for a duplicate (with any required lien releases) and then transfer; if the owner is deceased, the estate representative signs with required documents.
• Unclaimed vehicle route: If no owner can convey title, use the statutory unclaimed/abandoned vehicle process through a licensed tower with required notices and sale.
• Documentation and notice: Inventory items, photograph VINs, and give written notice to co-owners/occupants before removal to reduce conversion claims.

What the Statutes Say

• N.C. Gen. Stat. § 20-72 (Transfer by owner) – A vehicle transfer requires proper assignment of the certificate of title.
• N.C. Gen. Stat. § 20-77(b) (Transfers on inheritance) – DMV may transfer title upon inheritance with specified documents.
• N.C. Gen. Stat. ch. 46A (Partition of real property) – Governs division/sale of co-owned real estate; does not itself award unrelated personal property like vehicles.

Analysis

Apply the Rule to the Facts: Because the vehicles lack clear titles, you cannot simply treat them as your personal property or haul them away. In your mediated partition settlement, include a term for a joint walkthrough and a written list of which vehicles will be removed and how. If a titled owner or an estate representative can sign, use DMV forms to transfer; if not, employ the unclaimed vehicle process via a licensed tower so title can be cleared before removal or sale.

Process & Timing

1. Who files: If all co-owners agree, no court filing is required; put the plan in your settlement. Where: If agreement is not enough, seek a consent/interim order in the partition special proceeding with the Clerk of Superior Court in the county where the property sits. What: A short motion/consent order authorizing access, inventory, and removal of identified vehicles/personal items. When: Do this before deed transfer and allow time for title work—DMV duplicate titles require a 15-day wait after DMV receives the application.
2. Title transfer path: Identify VINs; check for liens. If the original title is lost, the titled owner/estate can request a duplicate (DMV Form MVR-4), then assign title with an application for a new title (MVR-1) and odometer disclosure (MVR-180, if applicable). Expect at least 15 days after DMV receives the duplicate request before it issues the duplicate.
3. No owner available/disputed ownership: Coordinate with a licensed towing/storage provider to process the vehicles as unclaimed under North Carolina’s motor vehicle laws. The tower provides required notices and conducts a sale; a purchaser receives documentation to obtain title. Arrange a sheriff civil standby for the removal day to keep the peace. Finalize with either a properly assigned title or post-sale paperwork acceptable to DMV.

Exceptions & Pitfalls

• If a third party or occupant owns the vehicle, removing it without consent or process can trigger a conversion claim; get a written release or court order first.
• If the titled owner is deceased, only the estate’s authorized representative can sign title; DMV will require Letters and a death certificate with the executed title.
• Outstanding liens block transfer; obtain lien releases or ensure the transferee assumes the lien per DMV requirements.
• Do not rely on “abandoned” labels casually—North Carolina’s unclaimed vehicle procedures have specific notice and sale steps that must be followed.
• Law enforcement will not decide ownership on site; use written agreements, clear inventories, and, if necessary, a court order to avoid disputes.

Talk to a Partition Action Attorney

If you’re dealing with untitled vehicles on co-owned property during a partition, 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.