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