Has anyone had this experience? My X-spouse was awarded the timeshare that we owned when we were married over six years ago in our divorce decree. I have found out that he has not been paying the Maintenance Fee's and he now owe's about $4000 to the timeshare. Now he has filed Bankruptcy chapter 13. I am concerned that because of the Bankruptcy that he will get off the hook but the time share will come after me because my name was never taken off the deed. If you have had this expericence could you please tell me what your outcome was or how best to deal with this? If there are any attorney's out there I would be very interested in your comments.
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X husband filed bankruptcy & didn't pay the maintenance fee's
- Thread starter JFST
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Do you have the final decree that says that the ex is awarded the TS solely and separately? If so, and a legal description of the property was included, you can probably record it in the county under just his name.
Is the note paid off, and this is just MF? If so, you might get away with showing the resort/collector that he was awarded the TS, and they might just go away. They might even try to ding your credit, but you can challenge that.
In either situation, opinion from here, masquerading as legal advice, no matter how well intentioned, is a poor substitute for competent legal counsel. You probably need some.
Jim
Is the note paid off, and this is just MF? If so, you might get away with showing the resort/collector that he was awarded the TS, and they might just go away. They might even try to ding your credit, but you can challenge that.
In either situation, opinion from here, masquerading as legal advice, no matter how well intentioned, is a poor substitute for competent legal counsel. You probably need some.
Jim
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pacodemountainside
TUG Member
In my divorce each of our attorneys insisted that proof be supplied to them all re-deeding and re-titling was properly done.
If Court ordered probably could get contempt order.
It would appear TS is innocent party and could go after you.
Have you talked with your attorney? I would think (s)he is in best position to advise you.
Not an attorney.
If Court ordered probably could get contempt order.
It would appear TS is innocent party and could go after you.
Have you talked with your attorney? I would think (s)he is in best position to advise you.
Not an attorney.
The devil is always in the details...
Your concern may be well founded; the resort likely has (if not, can easily obtain) a copy of the current deed, on which your name surely appears as the co-owner.
A new deed (without your name on it) should have been prepared and recorded (with a copy sent to the resort) in the course of wrapping up the divorce details.
Someone evidently "dropped the ball" there. If it had been a home and not just a timeshare, a new deed would certainly have been prepared and recorded pronto.
Frankly, I think that you should very promptly seek legal counsel in the specific state in which you were divorced. I would recommend doing so sooner rather than later, in order to to actively and energetically pursue a suitable remedy here --- before it gets to be even more of a mess and more complicated to fix.
P.S. If you were represented by counsel in your divorce proceedings, I would respectfully suggest first contacting that very same attorney.
Not throwing stones, but that office may well be exactly where (and by whom) the new deed "ball" got dropped in the first place.
Your concern may be well founded; the resort likely has (if not, can easily obtain) a copy of the current deed, on which your name surely appears as the co-owner.
A new deed (without your name on it) should have been prepared and recorded (with a copy sent to the resort) in the course of wrapping up the divorce details.
Someone evidently "dropped the ball" there. If it had been a home and not just a timeshare, a new deed would certainly have been prepared and recorded pronto.
Frankly, I think that you should very promptly seek legal counsel in the specific state in which you were divorced. I would recommend doing so sooner rather than later, in order to to actively and energetically pursue a suitable remedy here --- before it gets to be even more of a mess and more complicated to fix.
P.S. If you were represented by counsel in your divorce proceedings, I would respectfully suggest first contacting that very same attorney.
Not throwing stones, but that office may well be exactly where (and by whom) the new deed "ball" got dropped in the first place.
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persia
newbie
Yes, what everyone has said, the timeshare company may come after you. There is no way of knowing so you need to get your divorce papers in order in case they do. Changing the deed at this point would likely guarantee the timeshare company will come after you. You need to seek advice from your family solicitor. As the Boy Scouts say, "Be prepared."
pacodemountainside
TUG Member
I am sure resort will not allow any change in ownership until $4K is paid.
An experienced divorce attorney is really only solution.
bogey21
TUG Member
If you were represented by an attorney when you were divorced, I'd call him/her and tell him/her something has come up and you need proof that Week was deeded to your ex. Play dumb. Tell him/her you may have misplaced the documentation. If he/she comes back and says it wasn't done, I'd tell him/her it should have been and you would like him/her to get it done. Then play it by ear!!
George
George