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Thread: Conundrum

  1. #1

    Question Conundrum

    I have a rare situation. I purchased a timeshare with my husband, we divorced a few years later. My divorce settlement states that I receive the rights to the timeshare. My lawyer didn't have my ex sign a quit claim deed. Timeshare is paid off by me and I now want to get rid of it. Come to find out my ex husband died 15 years ago, so I figure I can deed back to the resort no problems. Well, not so. They claim I have to get him off the deed. He's dead! Any advice as to how I can accomplish this?

  2. #2
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    http://www.expertlaw.com/forums/showthread.php?t=59467

    •If the property is titled to any joint or co-owners, it automatically passes to them, and they will need to execute an affidavit of survivorship to file with the county recorder. You can check with the county clerk or recorder for forms and instructions for the affidavit.

    http://www.wikihow.com/Remove-a-Dece...on-from-a-Deed

    - - - - - -

    Now, let's talk.

    Since it is a timeshare (and that's all the information we have), there is a likelihood that you cannot "deed it back" to the resort, as very few allow that. Also, there is a likelihood that the timeshare has no value. There is, however, a certainty that there is an ongoing financial obligation, so that it is a liability, not an asset.

    YMMV

    Good luck.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  3. #3
    You need to contact a closing company and provide a copy of the death certificate and have the deed re-recorded in your name alone. Then you can proceed to transfer it to a willing new owner.

  4. #4
    Quote Originally Posted by SallyHoover View Post
    You need to contact a closing company and provide a copy of the death certificate and have the deed re-recorded in your name alone. Then you can proceed to transfer it to a willing new owner.
    Thanks for the advice!

  5. #5
    Quote Originally Posted by lapegs View Post
    Thanks for the advice!
    I'm glad that we able to help.

    Remember that you have two separate issues to address. The first is clearing up the title on the timeshare. The second is disposing of the timeshare. You can't do the second until you take care of the first. Don't get them intertwined.

    If you have trouble with disposing of the timeshare after you have taken care of the title issues, then come back here for advice. Getting rid of a timeshare is often tricky, but there are people here who can help you make that happen.

    I guess there's actually a third issue. And that is dealing with the attorney who mucked things up by not having your ex file a quit claim at the time of the divorce. I would politely inquire about getting some compensation for the costs you are now going to have for fixing his or her screw-up. If the attorney pitches in, wonderful. Otherwise you probably want to share information about your experience with the attorney on Yelp, Google, Angie's list, etc.
    “Maybe you shouldn't dress like that.”

    “This is a blouse and skirt. I don't know what you're talking about.”

    “You shouldn't wear that body.”

  6. #6
    LT Transfers/ is probably going to be the least expensive. JRA timeshare closings is another low cost option. Both should be able to talk you through the process and explain the documentation you will need.

  7. #7
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    Quote Originally Posted by lapegs View Post
    I have a rare situation. I purchased a timeshare with my husband, we divorced a few years later. My divorce settlement states that I receive the rights to the timeshare. My lawyer didn't have my ex sign a quit claim deed. Timeshare is paid off by me and I now want to get rid of it. Come to find out my ex husband died 15 years ago, so I figure I can deed back to the resort no problems. Well, not so. They claim I have to get him off the deed. He's dead! Any advice as to how I can accomplish this?
    Please PM me.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  8. #8
    Silver Contributor and supermoderator GrayFal's Avatar
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    Quote Originally Posted by T. R. Oglodyte View Post
    I'm glad that we able to help.

    Remember that you have two separate issues to address. The first is clearing up the title on the timeshare. The second is disposing of the timeshare. You can't do the second until you take care of the first. Don't get them intertwined.

    If you have trouble with disposing of the timeshare after you have taken care of the title issues, then come back here for advice. Getting rid of a timeshare is often tricky, but there are people here who can help you make that happen.

    etc.
    I just assisted a friend with this. Her spouse was deceased but since she was gifting the timeshare to a friend, she was able to do steps one and two at the same time. In your case, it is wise to get your ex-spouse off the deed first then deal with trying to give away your ownership.

    Edit,you did not mention this but is this a deeded TS in the USA?

  9. #9
    Industry Representative ConsumerProtectionLawyer's Avatar
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    Quote Originally Posted by SallyHoover View Post
    You need to contact a closing company and provide a copy of the death certificate and have the deed re-recorded in your name alone. Then you can proceed to transfer it to a willing new owner.
    Well I have been doing Legal Seminars (nothing to do with timeshares for a change) and have been detained, but I see the community has stepped up to help as it has for many thousands of consumers over the years. Thanks to Sally and others you get a good idea that (1) title needs to be clear; and then, (2) you can sell.

  10. #10
    Industry Representative ConsumerProtectionLawyer's Avatar
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    Quote Originally Posted by SallyHoover View Post
    LT Transfers/ is probably going to be the least expensive. JRA timeshare closings is another low cost option. Both should be able to talk you through the process and explain the documentation you will need.
    I also saw these companies, and from just a quick look they appear to be long-time favorites in the industry. I seems Sally does here homework!

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