discodan
TUG Member
Yes I understand, but she already owns it jointly with me. She would be giving up her ownership or I would be giving up mine.
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Stop paying maintenance fees?
- Thread starter discodan
- Start date
Yes I understand, but she already owns it jointly with me. She would be giving up her ownership or I would be giving up mine.
Certainly. My intended point was simply to point out (again) that, quitclaim deed notwithstanding, BOTH parties must still participate VOLUNTARILY and that neither party can just act unilaterally, to the detriment of the other.
I again wish you luck. It seems like a very sticky situation (and an irrationally difficult and obstructive person you're trying to deal with).
PA-
TUG Member
I'm familiar with several resorts that will take a deed back from one of the parties and pursue collections/foreclosure against the other. So that would be the first thing to investigate. Call them, explain the situation, ask them if they'll accept your claims on the property. If nothing else, it relieves you from future year maintenance fees.
The second thing I might be inclined to do is record a Quit Claim deed, conveying your claim on the property to the EX-GF. After recording it, you can fax it to the resort and telling them that you no longer have any ownership interest in the property. You may have to pay some transfer fee. It's true that that conveyance can be challenged in court, as DaveM points out. However, it may have the effect of getting her to listen to reason.
Make sure you get a notary public to attest to your signature, even if you have to come to the states or go to the Embassy to get it.
The second thing I might be inclined to do is record a Quit Claim deed, conveying your claim on the property to the EX-GF. After recording it, you can fax it to the resort and telling them that you no longer have any ownership interest in the property. You may have to pay some transfer fee. It's true that that conveyance can be challenged in court, as DaveM points out. However, it may have the effect of getting her to listen to reason.
Make sure you get a notary public to attest to your signature, even if you have to come to the states or go to the Embassy to get it.
Phill12
TUG Member
After all the responses to you about your problem I see one thing missing or I missed it!
Are you paying everything on this condo while she pays nothing?
If she is paying nothing then she couldn't care less what is going on or your threats!
Time to make her responsable for paying half and then she might be in a hurry to sell your condo.
Sad part here is so many people trying to sell and can't and you lose a buyer because of this.
At this point I would nail her by getting your name off and let her pay it all if the resort will work with you.
Sounds like you trying and its totally one sided and not getting better!
discodan
TUG Member
I bought it in 2002 on eBay for about $1000, Things were serious between us and I thought it would be nice to own something together. I have been paying the maintenance fees alone (and the plane tickets, car rental, etc) every year. This summer she decided she did not want to go back there again and I asked her if it was ok to sell it so we dont have to pay maintenance fees anymore and she said ok. I just wanted to get rid of it so I would not be responsible for the maintenance fees. The relationship turned bad a few weeks later...
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bogey21
TUG Member
Shouldn't have told her you wanted to sell the timeshare. If you hadn't you might still be together!
GEORGE
sernow
TUG Member
Why not try to rent it to cover your MF's this year and then you can take your time in figuring out what to do? Maybe your ex will become more cooperative in a few months. Who knows, maybe down the road, you might want to go to Florida again. I hear it gets pretty cold in Canada during the winter.
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Grandview At Las Vegas
[triennial - points]
1 Possible Way Out.
OK, here's a radical move. Quitclaim your half-interest in the timeshare to your ex-girlfriend's new boyfriend. If you can get past any sourness at the idea of the 2 of them vacationing in your ex-timeshare -- & if the new boyfriend goes along -- then you're out from under your ongoing timeshare maintenance-fee obligation.
OK, here's a radical move. Quitclaim your half-interest in the timeshare to your ex-girlfriend's new boyfriend. If you can get past any sourness at the idea of the 2 of them vacationing in your ex-timeshare -- & if the new boyfriend goes along -- then you're out from under your ongoing timeshare maintenance-fee obligation.
-- Alan Cole, McLean (Fairfax County), Virginia, USA.
discodan
TUG Member
She is not seeing anybody yet and she does not want the TS, she does not like the place anymore.
If she doesn't want to turn over her interest to you, then she should be responsible for her half of the maint. fees. You should notify her of this by certified letter, and if she refuses to pay her half, sue her in small claims court to get them. Maybe then, she'd be willing to sign it over to you, or accept it from you, or sign to allow it be sold on the open market. If the situation drags on, you can take her to small claims court each year she doesn't pay her half of the fees, if necessary.
You could retain an attorney and have a judge order her to either allow it to be sold, splitting any proceeds of the sale (50 cents?), sign over her interest to you or make her accept your interest in it.
On the other hand, if you used the timeshare, then by all rights, you should pay the maint fee for that year. (Or vice versa.) And if you rent it out, and expect her to pay her half of any fees, then you should be splitting any proceeds you might get above the maint fees with her. So, if you rent it out, to avoid that possibility, you might want to simply rent it out for the exact amount of that years maint fees, so there are no additional funds in limbo that she might counter sue for. Or you could just be a nice guy, rent it out at market prices, and send her her half of the proceeds after deducting that years maint fees. Keep good records no matter what you do.
What an ugly situation. It seems like not getting married to her was probably a good idea, no matter who initiated the break-up. My completely unfounded guess is that she has friends or family advising her that she shouldn't sign anything, which is incomplete advice. She shouldn't sign anything without understanding what it is and having an attorney review it.
-David
You could retain an attorney and have a judge order her to either allow it to be sold, splitting any proceeds of the sale (50 cents?), sign over her interest to you or make her accept your interest in it.
On the other hand, if you used the timeshare, then by all rights, you should pay the maint fee for that year. (Or vice versa.) And if you rent it out, and expect her to pay her half of any fees, then you should be splitting any proceeds you might get above the maint fees with her. So, if you rent it out, to avoid that possibility, you might want to simply rent it out for the exact amount of that years maint fees, so there are no additional funds in limbo that she might counter sue for. Or you could just be a nice guy, rent it out at market prices, and send her her half of the proceeds after deducting that years maint fees. Keep good records no matter what you do.
What an ugly situation. It seems like not getting married to her was probably a good idea, no matter who initiated the break-up. My completely unfounded guess is that she has friends or family advising her that she shouldn't sign anything, which is incomplete advice. She shouldn't sign anything without understanding what it is and having an attorney review it.
-David
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:hysterical: Don't let any ts salespeople read this, could end up being next years #1 reason for owning a timeshare. :hysterical:
OP - I don't think your plight is funny. Its very difficult to get unreasonable people to respond in a reasonable way.
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Could the OP go to small claims court and have the judge make her sell it to him for a fair price, or make her buy it from him? They make decisions on joint property owned by people who aren't married all the time. I say let JUDGE JUDY handle it.
e.bram
Guest
Not small claims, but Chancery(sp?) part in New Jersey.