Removing STBX from title of vehicle

North Carolina Divorce Law Divorce and Separation Answers
1

I have recently been to court for support/allimony/custody. Because my STBX lost his job earlier this year we filed bankruptcy but I was able to keep my car as it was paid off (my dad paid off the balance on my loan and I am paying him back as I can). I have the title for it but it is in both of our names. My STBX is very difficult and I know if I ask him to sign the title over to me as the DMV has instructed he will refuse. Is there a way for me to have the court order him to sign it over to me or provide me with a way to remove his name without having him sign it?

Also, my one year separation will be up 2/1/10 and I will be ready to file for divorce. Do I have to go through my attorney to do this or can I do it on my own? My attorney has drug his feet on everything he’s helped me with so far and I would rather not have to hound him every week to handle my case.

2

If you have an equitable distribution claim pending, you may file a motion for interim distribution in order to have the court distribute the car to you and have the necessary paperwork completed.

You may file for divorce on your own, but only do so if you already have an equitable distribution claim pending.

3

Can I do the equitable distribution claim myself? Will he have to agree to the equitable distribution?

4

You may file a claim for equitable distribution on your own. If your ex does not agree to the terms you propose the court will make a ruling on how the property will be distributed.