Short Answer

Yes. In North Carolina, a co-owner can file a partition proceeding asking the Clerk of Superior Court to order a sale of a co-owned vehicle when it cannot be fairly divided. Because a car can’t be split “in kind,” the usual remedy is a court-ordered sale and division of the net proceeds after paying the secured lender and sale costs. The lender’s lien must be satisfied, and a partition order will not release either borrower from the loan unless the lender agrees.

Understanding the Problem

You and your mother co-own a financed car in North Carolina, both of your names are on the title and loan, you have been making most payments, and she refuses to sell. The question is whether you can ask a North Carolina court to force a sale so you can stop ongoing risk and divide the value fairly.

Apply the Law

North Carolina allows partition of both real and personal property. A co-owner (tenant in common or joint owner without survivorship) may start a special proceeding before the Clerk of Superior Court to partition a vehicle. Because a single car cannot be physically divided, the practical remedy is a sale, with the Clerk overseeing a public auction or approving a private sale under the judicial sale rules. The vehicle’s recorded lien must be paid from the sale price before any net proceeds are divided. The Clerk can require that all necessary parties, including the lender, are joined so their interests are protected.

Key Requirements

• Co-ownership: You must show you and the other person both hold title to the vehicle.
• Indivisibility: A car can’t be partitioned “in kind,” so a sale with division of net proceeds is the appropriate relief.
• Proper forum and parties: File a special proceeding with the Clerk of Superior Court and include all co-owners; join the lienholder so its recorded security interest is addressed at sale.
• Judicial sale procedures: Any court-ordered sale follows North Carolina’s judicial sale rules; the Clerk may authorize a public auction or a private sale if that better protects the parties.
• Proceeds and liens: Sale proceeds first pay sale costs and the secured lender; the remaining balance is divided according to ownership, with potential equitable adjustments for necessary carrying costs.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Allows partition of personal property and authorizes sale when division in kind is impracticable.
• Judicial sales, Article 29A – Sets procedures for public and private sales overseen by the Clerk or a commissioner.
• G.S. 20-58 (Vehicle title security interests) – Security interests on motor vehicle titles must be satisfied or released for transfer.

Analysis

Apply the Rule to the Facts: You and your mother co-own the car, so you have standing to seek partition. Because a car cannot be split, the Clerk can order a sale and divide the net proceeds. The lender’s lien must be paid from the sale price first; a court order does not cancel the loan or release either borrower unless the lender consents. Your history of making payments can be presented to request equitable credits before dividing any net.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in a North Carolina county with proper venue (commonly where the vehicle or a party is located). What: A verified petition for partition of personal property (motor vehicle) requesting sale; name all co-owners and the lienholder. When: No fixed deadline, but earlier filing helps manage ongoing loan risk.
2. The Clerk issues process for service under Rule 4, ensures all necessary parties (including the lender) are before the court, and determines that a sale is appropriate because division in kind is impracticable. The Clerk may appoint a commissioner and select a public auction or approve a private sale under the judicial sale statutes; timelines vary by county and sale method.
3. After sale, the commissioner/clerk accounts for costs, pays the secured lender from proceeds, and deposits or disburses the net. The Clerk can resolve requests for equitable credits and then direct distribution of the remaining funds to the co-owners.

Exceptions & Pitfalls

• If the title shows a right of survivorship form of ownership, available remedies may differ; review the title carefully before filing.
• A partition order cannot force the lender to release you from the promissory note; sale proceeds pay the lien, but any deficiency remains a contract issue with the lender.
• Failure to join the lienholder can delay transfer; ensure the secured creditor receives notice and is addressed in the order.
• If the loan exceeds the car’s value, a forced sale may not produce net proceeds; consider negotiating a refinance, payoff, or voluntary sale with lender consent.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned, financed car and a co-owner who refuses to sell, our firm can help you evaluate a partition sale, address the lender’s lien, and protect your interests. Call us today.

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.