Short Answer

In North Carolina, a co-owner can file a partition action for personal property with the Clerk of Superior Court. If the item (like a boat) cannot be fairly divided, the court can order a judicial sale and split the proceeds by ownership shares, with adjustments for repairs and carrying costs. A court order can authorize transfer of title without the other co-owner’s signature. Deadlines apply if you need to appeal.

Understanding the Problem

You co-own a boat in North Carolina, and the other co-owner won’t sign the title unless repaid for a past repair. You want to know if you can force a transfer or otherwise unwind the stalemate. This is a classic partition question: can a co-owner compel a court-ordered sale or other relief when a signature is withheld?

Apply the Law

North Carolina allows co-owners of personal property to seek partition through a special proceeding before the Clerk of Superior Court. If the property cannot be practically divided without harming its value, the court may order a sale and divide the net proceeds according to each owner’s interest. The sale is conducted as a judicial sale, and the court’s order can be used to transfer title even if a co-owner refuses to sign. Appeals from the clerk’s order are time-sensitive.

Key Requirements

• Co-ownership: You and the other person both hold an ownership interest in the specific item (for example, both names on the title).
• Indivisibility or prejudice: The property cannot be fairly split in kind, or dividing it would reduce its value or utility.
• Proper forum: File a partition special proceeding with the Clerk of Superior Court; service and notice to the other co-owner are required.
• Sale procedure: If division is impractical, the clerk can order a judicial sale and appoint a commissioner to sell the item.
• Accounting/credits: The court can adjust distributions for reasonable repairs, storage, insurance, fees, and similar carrying costs.
• Title transfer: The court’s order and sale documents can authorize transfer without the non-signing co-owner’s signature.
• Appeal window: An aggrieved party generally has a short period (often 10 days after service of the order) to appeal.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Governs partition of jointly owned property, including sale when division is impractical.
• North Carolina Gen. Stat., Chapter 1, Article 29A (Judicial Sales) – Sets procedures for court-ordered sales and confirmations.
• North Carolina Gen. Stat. § 1-301.2 (Appeals in special proceedings) – Provides the right and timing to appeal the clerk’s order.

Analysis

Apply the Rule to the Facts: You and your former partner are co-owners of the boat. A court is unlikely to divide a single boat in kind, so a sale is the typical remedy. In that sale, the court can credit the other co-owner’s reasonable repair contribution and your ongoing fees before splitting net proceeds by ownership shares. A confirmed sale and court order allow the buyer to take title without the other co-owner’s signature.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in a North Carolina county connected to the property or the parties. What: A verified petition for partition of personal property requesting sale if division is impractical. When: There is no statute of limitations specific to partition; file when the stalemate arises. Appeals from orders are on a short timeline (often 10 days).
2. After filing and service, the clerk holds a hearing to determine co-ownership and whether division in kind is impractical. If so, the clerk typically orders a judicial sale, appoints a commissioner, and sets sale terms. Advertising and sale scheduling can take several weeks; local practice varies by county.
3. After the sale, the clerk confirms the sale, the commissioner reports, and the court allocates net proceeds with any appropriate credits/debits for repairs and carrying costs. The court’s order and sale documents enable retitling to the buyer without the other co-owner’s signature.

Exceptions & Pitfalls

• Liens or security interests on the boat may need to be addressed; the sale could be subject to existing liens.
• Not all repairs/improvements get dollar-for-dollar credits; keep invoices and proof that expenses were necessary and reasonable.
• Service and notice defects can delay or derail the proceeding; confirm proper service under the Rules of Civil Procedure.
• If the boat is subject to special titling or documentation rules, additional steps may be required to complete transfer after the sale.

Talk to a Partition Action Attorney

If you’re co-owning a boat or other personal property and a signature standoff is blocking 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.