QUESTION
How do I get my name off of shared timeshares with my husband in a divorce?
Asked on Aug 15th, 2011 on Child Custody - North Carolina
More details to this question:
My husband and I are getting divorced and the only property we own together are 4 timeshares. We have agreed to split them equally but I don't know how to get our respective names off of the appropriate documents, or how much that would cost. Any suggestions?
11 ANSWERS
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If you own them free and clear, then hire a lawyer to draft/file Deeds that transfer your respective interests for $1.
Answered on Aug 22nd, 2011 at 8:14 AM
Roianne Houlton Conner
You would have the attorney prepare four deeds signing your interest in two to your husband and his interest in the other two to you.
Answered on Aug 19th, 2011 at 10:21 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Quit claim deed. If you owe $, someone would need to assume the loans.
Answered on Aug 17th, 2011 at 12:52 PM
It is most likely going to depend on the rules of the timeshare. My advice would be contact the corporations in charge of the timeshare and find out what their rules are.
Answered on Aug 17th, 2011 at 6:52 AM
4 Awards
In Louisiana you would complete a community property partition agreement, which would specify and legally describe your rights in immovable property. That document would be recorded in the conveyance records of the place where your property was located, and would act as a "conveyance" or transaction where one party would give title to the other. Without refinancing or paying off any loans associated with the property, your property partition would not affect the lender's rights on any mortgage, and you would both remain liable until that was accomplished. It is difficult to estimate a cost without knowing all of the facts and the properties involved; you should personally consult with an attorney regarding charges and fees.
Answered on Aug 17th, 2011 at 6:27 AM
Contact the owners association as they likely have a title company that can prepare the deed transfers.
Answered on Aug 16th, 2011 at 12:49 PM
Glen Edward Ashman
First the bad news: You may not be able to. When two people sign contracts, neither can just ignore the contract. Now some hopeful news: SOME time share companies might agree to transfer the time share. Bear in mind that just transferring the deed is NOT enough; the loan is the real problem. See if they will agree.
Answered on Aug 16th, 2011 at 6:38 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Once the terms of the agreement have been incorporated into the Decree of Dissolution or a separate Permanent Order, each of you can execute a Quitclaim Deed to the other for the property that is to be retained. This would normally be handled by one of the attorneys representing you or your husband, but apparently neither of you has an attorney. So, you should contact an attorney to prepare these deeds and assist you in getting them properly recorded. You could do this yourself, but the legal description in time share condo's could be quite complicated so it would better to have someone knowledgeable prepare them. Cost estimates are not realistic from the information provided, but you can probably expect at least a one hour charge (at the attorney's standard hourly rate) for each of the deeds.
Answered on Aug 16th, 2011 at 6:37 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Do you mean your name of the title to the timeshare, or you name off the debt? The only way to get your name off the debt is to have the party taking responsibility to refinance the debt, paying off the full obligation, and replacing the new debt - which is their sole responsibility- with the new debt. Otherwise, if the responsible party doesn't pay, you'll have to go after the non-paying party. Getting your name off the title, is easier but depends on the laws in the state where the timeshares are located and whether the timeshare is an actual real estate right.
Answered on Aug 16th, 2011 at 6:16 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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The only way to remove one person's name from a joint mortgage or joint debt is to either get the lender's consent, refinance into just one person's name, or sell the property.
Answered on Aug 16th, 2011 at 6:16 AM
Check with how they are titled. It may involve transferring title via deed or otherwise.
Answered on Aug 16th, 2011 at 5:22 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.