Short Answer

In North Carolina, a co-owner may file a partition special proceeding for personal property with the Clerk of Superior Court to force a sale of a co-owned vehicle when the other owner will not sign the title. Because a car cannot be fairly divided, the court can order a sale in lieu of partition, appoint a commissioner to sign DMV title documents, and split the net proceeds by each owner’s share after costs and liens. A court order can transfer title; it will not erase DMV civil penalties tied to prior registration or insurance lapses.

Understanding the Problem

You are a North Carolina co-owner asking whether you can make the other owner cooperate so the car’s title can be transferred. The question is whether you can force a transfer when the other owner refuses to sign; the trigger here is the refusal and the fact the vehicle’s insurance lapsed and registration was revoked, causing agency penalties.

Apply the Law

North Carolina allows any co-owner of personal property to seek partition through a special proceeding before the Clerk of Superior Court. When an item cannot be fairly divided—like a single vehicle—the court may order a sale in lieu of partition. The clerk can appoint a commissioner to conduct the sale and sign the assignment of title or direct issuance of a new title, and the proceeds are distributed according to the owners’ respective interests after costs and valid liens. Judicial-sale procedures and appeal rules apply.

Key Requirements

• Co-ownership: You and the other person both have a legal ownership interest in the vehicle (as shown on the title or otherwise proven).
• Indivisibility: The car cannot be partitioned in kind, so a sale in lieu of partition is necessary to be fair.
• Proper parties and notice: All co-owners (and usually any lienholders) must be identified, joined, and served under Rule 4 procedures.
• Clerk’s authority: The Clerk of Superior Court can order a public or private sale, appoint a commissioner, and authorize that commissioner to sign DMV documents to transfer title.
• Distribution and liens: Sale proceeds are applied to costs and valid liens first; remaining funds are divided by ownership shares. A partition order does not wipe out separate DMV penalties tied to prior registration or insurance lapses.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition of property (including personal property) and sale in lieu of partition.
• North Carolina Gen. Stat. § 1-339.1 (Judicial sales) – Sets procedures for sales conducted under court order, including sales by a commissioner.
• North Carolina Gen. Stat. § 1-301.2 (Special proceedings; appeal) – Provides for de novo appeal to superior court from orders entered by the clerk in special proceedings.

Analysis

Apply the Rule to the Facts: You and your former spouse co-own the car, satisfying co-ownership. Because a single vehicle cannot be split fairly, a sale in lieu of partition is the usual remedy. The clerk can appoint a commissioner to sell the car and sign DMV title documents, overcoming the co-owner’s refusal. The insurance lapse penalties that arose while the car was registered remain administrative obligations and are not eliminated by a partition order.

Process & Timing

1. Who files: Any co-owner (you). Where: Clerk of Superior Court in the North Carolina county where the vehicle is located or where a proper venue exists. What: A verified petition for partition of personal property requesting sale in lieu of partition, appointment of a commissioner, authority to sign DMV title documents, and distribution of proceeds; serve respondents with a special proceeding summons under Rule 4. When: File as soon as practical; if an order is entered, a 10-day appeal window typically applies in special proceedings.
2. The clerk schedules a hearing. If sale is ordered, the clerk may authorize a public sale under judicial-sale procedures or a private sale upon satisfactory proof it is in the best interest of the parties. The clerk may require a bond from the commissioner depending on the circumstances. Time to sale can vary by county and sale type.
3. After the sale, the court confirms the sale if required, the commissioner signs DMV documents or presents a certified order to effect transfer, pays valid liens and costs, and distributes the net proceeds according to ownership shares. The final order closes out the proceeding as to the vehicle.

Exceptions & Pitfalls

• Title form matters: If the title shows a survivorship designation or other restriction, that may affect whether partition or the requested relief is available.
• Lienholders: If sale proceeds may not cover a lien, include the lienholder; sales ordinarily pass title subject to or after satisfaction of valid liens.
• Administrative penalties: DMV insurance-lapse or registration penalties follow the registration and do not disappear due to partition; plan separately for those obligations.
• Notice and service: Improper service can delay or derail relief; use Rule 4 methods and keep proof of service.
• Appeal window: Missing the 10-day appeal deadline can lock in an adverse order.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who won’t sign a vehicle title and you need a court-ordered sale or transfer, 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.