QUESTION

How do I transfer title of timeshare held as community property with my deceased ex-spouse

Asked on Sep 22nd, 2015 on Real Estate - California
More details to this question:
I divorced my spouse in 2009 and he took owership of timeshare. My ex-spouse died in 2010 and I found out he never put timeshare into his own name and did not make it part of his trust. I believed timeshare was automatically transferred to me via joint tenancy. Found out it is held as community property and now want to either sell it or transfer back to resort. Resort is telling me my daughter, who is trustee of estate, can't sign paperwork to transfer title. How can I change title on deed of trust
Report Abuse

1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
If your ex had transferred the property into his own name, then it would have gone as directed in his will or trust, and if he did not have one, then to his children in equal shares, including any children from other mothers. Is there a court judgment that says that he gets the timeshare? If so, the timeshare company should honor that and accept his children as the lawful owners. If not, and if the timeshare was owned as community property, then when the two of you got divorced, you became tenants-in-common, not joint tenants. That means you already owned half, and the other half went as provided in his will, and if he didn't have a will, then to  all of his children in equal shares. In that case, the timeshare company should accept a transfer documents signed by you and all of his children. Most timeshares are not recorded in the county real estate records. Their just contracts between the buyers and the company. If that is the case here, then you need to satisfy the company, not a court of law. Ask the company what signatures it wants in order to make whatever transfer you want. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Sep 23rd, 2015 at 6:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters