How do I get my name off of shared timeshares with my husband in a divorce? 18 Answers as of August 22, 2011

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?

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Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If you own them free and clear, then hire a lawyer to draft/file Deeds that transfer your respective interests for $1.
Answer Applies to: Pennsylvania
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | 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.
Answer Applies to: Alabama
Replied: 8/19/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer depends on the nature of the timeshare ownership. There are ownerships that require a change of title, and there are others that do not. You must check your records to determine how the ownership interests was granted.
Answer Applies to: Minnesota
Replied: 8/18/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Quit claim deed. If you owe $, someone would need to assume the loans.
Answer Applies to: California
Replied: 8/17/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You need to have special warranty deeds prepared on all four properties. Each deed would transfer the interest of the party giving up the property to the other. For example, you give husband all your right title and interest in property #1 and #2, he signs similar deeds giving you all his right title and interest to properties #3 and #4. We can draft special warranty deeds for $50 each. I do not know the filing fees for recording since I don't know where the properties are located, You would have to get each deed filed and recorded.
Answer Applies to: Texas
Replied: 8/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 8/17/2011
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    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.
    Answer Applies to: Louisiana
    Replied: 8/17/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    The only way to get your name off a mortgage on any of the properties is to refinance or sell. The lender will not simply take your name off the loan. If you own them free and clear you can execute a quit claim deed to remove your name off of title.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Contact the timeshare company as they probably have the forms you need.
    Answer Applies to: Connecticut
    Replied: 8/16/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Contact the owners association as they likely have a title company that can prepare the deed transfers.
    Answer Applies to: Wisconsin
    Replied: 8/16/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    You need a lawyer that is experienced in contracts. Divorce is a contract between yourselves and the timeshare is a contract with that company and each of you.
    Answer Applies to: Alabama
    Replied: 8/16/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should contact the timeshare representatives to get this clarified.
    Answer Applies to: California
    Replied: 8/16/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    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.
    Answer Applies to: Florida
    Replied: 8/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Check with how they are titled. It may involve transferring title via deed or otherwise.
    Answer Applies to: North Carolina
    Replied: 8/16/2011
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