Short Answer

In North Carolina, you start a partition of personal property (like vehicles) by filing a verified petition as a special proceeding with the Clerk of Superior Court and issuing a Special Proceedings Summons (AOC‑SP‑100). You must serve all co‑owners (and usually any lienholders noted on the title) under Rule 4. After the 10‑day answer period, the clerk will set a hearing and may order a sale and appoint a commissioner to sign DMV title documents or direct DMV to issue title by court order.

Understanding the Problem

In North Carolina, can a co‑owner start a court process to force a sale of co‑owned personal property when the other owner refuses to cooperate? Here, one co‑owner wants to begin a special proceeding before the Clerk of Superior Court to partition two jointly owned vehicles after divorce, because the other co‑owner will not sign the insurance transfer and title paperwork.

Apply the Law

North Carolina allows a co‑owner to seek partition of personal property through a special proceeding. You begin by filing a verified petition with the Clerk of Superior Court in the appropriate county, then issuing and serving a Special Proceedings Summons on all required parties. Respondents have a short answer window in special proceedings. If the property cannot be fairly divided in kind, the clerk can order a sale and appoint a commissioner with authority to sign documents and comply with DMV requirements.

Key Requirements

• Verified petition: State you and the other person(s) co‑own the specific items (include VINs), each party’s share, why division in kind is impractical, and request a sale with appointment of a commissioner authorized to sign title or request a DMV order.
• Proper summons and service: Use the Special Proceedings Summons (AOC‑SP‑100) and serve all co‑owners (and typically any titled lienholder) under Rule 4; file proof of service.
• Parties and venue: Name every co‑owner and anyone with a recorded interest that could be affected; file in the county appropriate under the partition statutes (commonly where the property is located or as otherwise allowed).
• Hearing and relief: After the 10‑day answer period, the clerk sets a hearing; if sale is ordered, the clerk may appoint a commissioner to conduct a judicial sale and execute title documents or direct DMV to issue title by court order.
• Notices the court issues: After filing and service, expect a notice of hearing from the clerk; if a sale is ordered, judicial sale notices follow statutory requirements.

What the Statutes Say

• Chapter 46A (Partition) – Procedures for partition or sale of co‑owned property, including personal property.
• G.S. 1-394 (Special proceedings summons and answer) – Requires issuance of a special proceedings summons and provides a 10‑day answer period.
• G.S. 1A‑1, Rule 4 (Service of process) – How to serve the petition and summons on respondents.
• G.S. 20‑77 (DMV title by operation of law) – DMV may issue a new certificate of title based on a court order or judicial sale when a co‑owner will not sign.

Analysis

Apply the Rule to the Facts: Your verified petition should identify both vehicles by VIN, allege co‑ownership, and explain that a sale is needed because practical division is not possible and the other owner will not sign. You would issue AOC‑SP‑100 and serve the ex‑co‑owner (and any titled lienholder) under Rule 4. If no answer within 10 days, the clerk can set a hearing and, if satisfied, order a sale and appoint a commissioner authorized to execute the title or direct DMV to issue title under the court’s order.

Process & Timing

1. Who files: A co‑owner. Where: Clerk of Superior Court as a special proceeding in a North Carolina county permitted by the partition statutes (often where the property is located). What: Verified Petition for Partition of Personal Property (no statewide AOC petition form) and Special Proceedings Summons (AOC‑SP‑100). When: After filing, serve respondents promptly; they have 10 days from service to answer.
2. After the answer window closes, the clerk issues a notice of hearing. At the hearing, the clerk may find the items not divisible in kind, order a judicial sale, and appoint a commissioner with authority to sign DMV title documents or seek a DMV order.
3. Following sale procedures, the court enters an order confirming the sale. That order and the commissioner’s deed/bill of sale support DMV issuance of new titles without the non‑cooperative owner’s signature.

Exceptions & Pitfalls

• Failing to join all co‑owners or a recorded lienholder can delay or invalidate relief; check each title for lienholders.
• Use the Special Proceedings Summons (AOC‑SP‑100), not the estate summons; partition is a special proceeding.
• Service mistakes (e.g., no Rule 4 service) can derail the hearing; file affidavits of service. Some clerks may request an SCRA declaration if a respondent has not appeared.
• If a respondent raises factual disputes beyond partition (e.g., who owns the vehicles), the clerk may transfer the matter to superior court, which can lengthen the timeline.

Talk to a Partition Action Attorney

If you’re dealing with a co‑owner who refuses to sign off on title or sale paperwork for personal property, 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.