Short Answer

In North Carolina, you cannot remove your name from a car title without either the other titled owner’s signature or a court order. If your separation agreement or a court order awarded the car to your ex, file to enforce it; the judge can authorize the Clerk of Superior Court or a commissioner to sign the title if your ex refuses. If there is no prior order or agreement, you may need a new order deciding who owns the car before DMV will retitle it.

Understanding the Problem

You want to know how, in North Carolina, you can get your name off a vehicle title after divorce when your ex will not cooperate. Here, your ex refuses to remove your name at the DMV. The decision point is whether you already have a legal document (a separation agreement or court order) that gave the car to your ex; if so, you can ask the court to enforce it and complete the title work without your ex’s signature.

Apply the Law

Under North Carolina law, the DMV generally requires the signatures of all titled owners to transfer a vehicle, unless a court orders otherwise. In family cases, property is divided by a separation agreement or an equitable distribution order. If someone refuses to sign paperwork to carry out that division, the court can enforce the order, hold a noncompliant party in civil contempt, and enter an order that vests or transfers title without that person’s signature. The District Court is the main forum for enforcing family property orders. Deadlines matter: equitable distribution claims must be filed before the divorce judgment unless properly preserved.

Key Requirements

• Clear ownership decision: You need a separation agreement or court order that awards the vehicle to your ex (or to you).
• Enforcement mechanism: If your ex will not sign, ask the court for an order authorizing the Clerk of Superior Court or a commissioner to execute the title on your ex’s behalf.
• Contempt leverage: The court may use civil contempt to compel compliance with a valid order if your ex still refuses.
• DMV compliance: Provide DMV with a certified court order and a completed title application; pay any fees and ensure any lien is satisfied.
• Timing threshold: If no agreement or order exists and no equitable distribution claim was filed before divorce, options are narrower and depend on your specific circumstances.

What the Statutes Say

• North Carolina Gen. Stat. § 20-72 (Vehicle title transfer requirements) – DMV needs proper assignment by titled owners or a court order.
• North Carolina Gen. Stat. § 50-20 (Equitable distribution) – District Court divides marital property and can enter orders to carry out the division.
• N.C. R. Civ. P. 70 (Performance of judgment; vesting title) – Court may order title vested or direct the clerk/commissioner to sign when a party refuses.
• North Carolina Gen. Stat. § 5A-21 (Civil contempt) – Allows courts to compel compliance with their orders.

Analysis

Apply the Rule to the Facts: Your name remains on the title and registration, and your ex refuses to sign at DMV. If a separation agreement or court order awarded the car to your ex, you can move to enforce it; the judge can enter a Rule 70 order authorizing the Clerk of Superior Court to sign the title. If there is no prior agreement or order, whether you can obtain one now depends on whether an equitable distribution claim was filed before the divorce.

Process & Timing

1. Who files: You. Where: District Court in the North Carolina county where your family case was (or is) pending. What: Motion to Enforce/for Specific Performance and Request for Rule 70 relief; if the agreement was incorporated into a court order, file a Motion for Order to Show Cause for civil contempt. When: As soon as you confirm you have a valid agreement/order awarding the vehicle; equitable distribution must be filed before divorce to be available later.
2. At the hearing, ask the judge to (a) order your ex to sign within a short deadline, (b) authorize the Clerk of Superior Court or a commissioner to sign the title under Rule 70 if refusal continues, and (c) address any lien payoff or tax prerequisites. Scheduling varies by county; hearings commonly occur within weeks to a few months.
3. Obtain a certified copy of the court’s order. Submit it to DMV with the completed title application (MVR-1) and any required fees. DMV will issue a new title that removes your name, consistent with the order.

Exceptions & Pitfalls

• If your separation agreement is not incorporated into a court order, it is enforced by a separate civil action for breach of contract unless you first ask the court to incorporate it.
• Active bankruptcy can pause state court enforcement; consult bankruptcy counsel before seeking a transfer order.
• DMV will not retitle if a lien remains or if property taxes/fees are unpaid; resolve these before presenting the order.
• Proper service and notice are critical for contempt or Rule 70 relief; incomplete service can delay or derail your motion.

Talk to a Family Law Attorney

If you’re dealing with a post-divorce vehicle still in both names and a non-cooperative ex, 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.