Divorced: How can I quit being a "co-owner"?

LouisLouis · Nov 15, 2010

Hi,

I divorced earlier this year, and having troubles with my ex-husband, who has been stalking me, on timeshares we co-own.

We co-own three time shares (Marriotto Ko Olina, and two nameless ones), and my headache is that my ex-husband claims:

- I had purchased the nameless ones without letting him know (not true, but the deed is not named)
- therefore, he is not oblidged to pay for MFs, etc

On the other hand, he has contacted II and changed the PW and mailing address, etc, so that I cannot access.
(This is as well, paid by me...)

In short, I don't want to do anything with my ex, that I want to have my names out of the deeds, memberships, etc, so that I don't get on the blacklist for not paying the MFs in the future.

What is the best? - donate my potion for free?
(I know Ko Olina (ocean view) is worth, but not seeking a merit anymore - just want myself detached from the ex completely, ASAP.)

Never thought that I would be in this trouble, when I bought my timeshares...

yumdrey · Nov 15, 2010

First, I am sorry for your situation.
I don't have special knowledge for your case, but if your TS still has loan, it is more complicated to take off your name on the deed.
If your TS are all paid off, then you can do "quit claim deed".
Has your Marriott TS both your name and your husband name?
AFAIK, transferring Hawaiian TS takes longer time than in land TS. I am not sure if it is also the same for quit claim deed.
There are other Tuggers who have better advice.
Hope you resolve your situation soon.

DeniseM · Nov 15, 2010

Timeshares are assets - how were they distributed in your divorce? That's where you start.

newportbeach · Nov 15, 2010

You are not the only one nor the first

I do not know your state of residence. As a California attorney, who has not surprisingly been divorce, with timeshares, you should:

Call Interval, and each person on the account can change the account, password, mailing address etc until you both get tired and hopefully stop the change game.

Call your divorce attorney because I assume you have one, but if you had one, why was both your names left on the deeds. If somehow that asset was omitted, say by error, then have your attorney by stipulation amend the court order. He buys you out or you buy him out.

The issue of the no names, really just follows the same approach.

LouisLouis said:
Hi,

I divorced earlier this year, and having troubles with my ex-husband, who has been stalking me, on timeshares we co-own.

We co-own three time shares (Marriotto Ko Olina, and two nameless ones), and my headache is that my ex-husband claims:

- I had purchased the nameless ones without letting him know (not true, but the deed is not named)
- therefore, he is not oblidged to pay for MFs, etc

On the other hand, he has contacted II and changed the PW and mailing address, etc, so that I cannot access.
(This is as well, paid by me...)

In short, I don't want to do anything with my ex, that I want to have my names out of the deeds, memberships, etc, so that I don't get on the blacklist for not paying the MFs in the future.

What is the best? - donate my potion for free?
(I know Ko Olina (ocean view) is worth, but not seeking a merit anymore - just want myself detached from the ex completely, ASAP.)

Never thought that I would be in this trouble, when I bought my timeshares...

LouisLouis · Nov 15, 2010

No loan is left

Thank you, yumdrey,

> if your TS still has loan, it is more complicated to take off your name on the deed.

We don't have any loan left, thanks God...
I will look up "quit claim deed".

> Has your Marriott TS both your name and your husband name?

Yes, we are equally titled as husband and wife.

Thank you again!

Louislouis

yumdrey said:
First, I am sorry for your situation.
I don't have special knowledge for your case, but if your TS still has loan, it is more complicated to take off your name on the deed.
If your TS are all paid off, then you can do "quit claim deed".
Has your Marriott TS both your name and your husband name?
AFAIK, transferring Hawaiian TS takes longer time than in land TS. I am not sure if it is also the same for quit claim deed.
There are other Tuggers who have better advice.
Hope you resolve your situation soon.

LouisLouis · Nov 15, 2010

Divorce is official, but still in trial (in JAPAN)

Thank you, Denise,

> how were they distributed in your divorce?

Not yet - we are still in trial for the distribution, although the divorce was officially admitted half an year ago.
Also, I now live in Japan.
Timeshare is not a common asset here, that even my attorney doesn't have a clue how to handle the situation...

DeniseM said:
Timeshares are assets - how were they distributed in your divorce? That's where you start.

DeniseM · Nov 15, 2010

What does the Ex want - does he want the TS's? You can't take them from him or force him to take them, if he doesn't cooperate.

Were you married in Japan?

LouisLouis · Nov 15, 2010

Living in JAPAN

Thank you, Richard,

> I do not know your state of residence.

I live in Japan now.

> Call Interval, and each person on the account can change the account, password, mailing address etc until you both get tired and hopefully stop the change game.

It is so unfair, but II accepted my ex's request, but knowing that we are in trouble, rejected my request saying that they need his consent to change the ID, PW, mailing address, etc.
It is their loss - they chose the person who never pays, and denied the person who constantly have paid...
If there is a slim chance that my ex can oversee my personal life, I don't want the account any more.

> Call your divorce attorney because I assume you have one, but if you had one, why was both your names left on the deeds.

We are in Japan, and timeshare is not a common asset here that even my attorney doesn't know how to handle it.
I am hoping that there is a cheap way to take off my name out of the deed, without involving my ex.
(He will try to make the situation as complicated as possible...)

RichardL said:
I do not know your state of residence. As a California attorney, who has not surprisingly been divorce, with timeshares, you should:

Call Interval, and each person on the account can change the account, password, mailing address etc until you both get tired and hopefully stop the change game.

Call your divorce attorney because I assume you have one, but if you had one, why was both your names left on the deeds. If somehow that asset was omitted, say by error, then have your attorney by stipulation amend the court order. He buys you out or you buy him out.

The issue of the no names, really just follows the same approach.

LouisLouis · Nov 15, 2010

Married in Japan

Hi Denise,

> What does the Ex want

I know it sounds weired, but, he wants me troubled.
Cooperating is the last thing he would do.

> Were you married in Japan?

Yes, we were.

DeniseM said:
What does the Ex want - does he want the TS's? You can't take them from him or force him to take them, if he doesn't cooperate.

Were you married in Japan?

DeniseM · Nov 15, 2010

If he will agree to take the deeds, or give them to you, this is the cheapest way to transfer them, but you can't force him.

I recommend this licensed Document Prep Co. that can prepare the deed and send it for recording for about $100. The owner (Alan) is a long-time TUG member - user name "ttt". They have an "A" rating in the TUG Business Ratings - Time Travel Traders/TSTransfer

Tia · Nov 15, 2010

LouisLouis said:
Thank you, Richard,

...(He will try to make the situation as complicated as possible...)

Sorry no help but oh my. I am reading the book "The Gift of Fear " by Gavin De Becker before giving it to dtr who is getting ready to graduate hs. I have a friend whose ex exhibits lots of the warnings the book mentions.

weh8625 · Nov 15, 2010

Deed

I think the simplest way out is to prepare a quit claim deed for each of the resorts. In short, your deeds are currently in the name of husband and wife.
So you have wife execute a deed giving everything she owns to husband.
You then file this with the county where the property is located, and send a copy to the resort.
Then your name is off.

Problems will be if he doesn't want them, and doesn't want your share, or if
the court wants to distribute the property a different way.

Are there any other co-owned real estate properties? How have these been handled?

DeniseM · Nov 15, 2010

You can't force someone to accept a quit claim deed - as I said above, her Ex has to be willing.

yumdrey · Nov 15, 2010

It sounds very familiar.
OP, I sent you a PM!

Rob&Carol Q · Nov 15, 2010

Just stretching here....

Is your ex a military man? Even the Air Force counts...:hysterical:
As a side note, are you an American or Japanese citizen? I am sensing English as a second language. Please pardon my minor sleuthing but a military aspect could change a few things here. Different citizenships certainly would as well.

Seriously, most Commanders take a dim view of any marital or business issue intruding into the workplace. I know I certainly did when I was the "Old Man". Not that the military is a collection agency or divorce negotiator but it's not like they haven't seen similar issues before. Any Sergeant Major and/or First Sergeant worth his stripes would look into this issue and force action. At least in my Marine Corps they would...it's an honor thing.

Sorry to read that your ex is a putz.

Beaglemom3 · Nov 15, 2010

As they are considered "assets", it should have been captured for either (or both) parties in the divorce settlement/divorce decree.

Do you have a copy of this ?

From your verb tense, I am sending that this divorce has been finalized ? Kindly correct me if I have misunderstood.

scrapngen · Nov 15, 2010

Rob&Carol Q said:
Just stretching here....

Is your ex a military man? Even the Air Force counts...:hysterical: As a side note, are you an American or Japanese citizen? I am sensing English as a second language. Please pardon my minor sleuthing but a military aspect could change a few things here. Different citizenships certainly would as well.

Seriously, most Commanders take a dim view of any marital or business issue intruding into the workplace. I know I certainly did when I was the "Old Man". Not that the military is a collection agency or divorce negotiator but it's not like they haven't seen similar issues before. Any Sergeant Major and/or First Sergeant worth his stripes would look into this issue and force action. At least in my Marine Corps they would...it's an honor thing.

Sorry to read that your ex is a putz.

Hey! Watch out... I resemble that remark!!

LouisLouis · Nov 15, 2010

Thank you, Denise.

If it happens that he agrees to it, I will contact Alan for sure

.

DeniseM said:
If he will agree to take the deeds, or give them to you, this is the cheapest way to transfer them, but you can't force him.

I recommend this licensed Document Prep Co. that can prepare the deed and send it for recording for about $100. The owner (Alan) is a long-time TUG member - user name "ttt". They have an "A" rating in the TUG Business Ratings - Time Travel Traders/TSTransfer

LouisLouis · Nov 15, 2010

Hi Tia,

The book sounds interesting - wish I had read it before I met him...

Tia said:
Sorry no help but oh my. I am reading the book "The Gift of Fear " by Gavin De Becker before giving it to dtr who is getting ready to graduate hs. I have a friend whose ex exhibits lots of the warnings the book mentions.

LouisLouis · Nov 15, 2010

Thank you, weh8625.

> Are there any other co-owned real estate properties? How have these been handled?

We co-owned an apartment with co-named mortgage as well.
He refused to pay the mortgage, but was still living there.
(He knew that I was afraid of default that he was hoping I would kept paying for it.)
Finally, I decided not to pay for the mortgage any more - i.e., risking my credit history, just to release myself from the situation where I co-own the property and co-oblidged (?) to the mortgage with him.
Although it made him rage, finally, he agreed to sell the property.
Damaging your credit history is a big thing in Japan - even to hurt your career.

With the timeshare, I don't think the same method works - he is not too afraid of harming his credit history in the US.

weh8625 said:
I think the simplest way out is to prepare a quit claim deed for each of the resorts. In short, your deeds are currently in the name of husband and wife.
So you have wife execute a deed giving everything she owns to husband.
You then file this with the county where the property is located, and send a copy to the resort.
Then your name is off.

Problems will be if he doesn't want them, and doesn't want your share, or if
the court wants to distribute the property a different way.

Are there any other co-owned real estate properties? How have these been handled?

LouisLouis · Nov 15, 2010

Yumdrey,

Thank you for your thoughtful message.
I cannot agree more with you, and will try to seek further knowledge.

yumdrey said:
It sounds very familiar.
OP, I sent you a PM!

LouisLouis · Nov 15, 2010

Rob&Carol,

Thank you for sharing your knowledge.

> Is your ex a military man? Even the Air Force counts...

No, we are both Japanese citizens.
Unfortunately, he has never worked for military service nor government.
I should have done my homework before marrying him (& signing the deed with him).

Rob&Carol Q said:
Just stretching here....

Is your ex a military man? Even the Air Force counts...:hysterical:
As a side note, are you an American or Japanese citizen? I am sensing English as a second language. Please pardon my minor sleuthing but a military aspect could change a few things here. Different citizenships certainly would as well.

Seriously, most Commanders take a dim view of any marital or business issue intruding into the workplace. I know I certainly did when I was the "Old Man". Not that the military is a collection agency or divorce negotiator but it's not like they haven't seen similar issues before. Any Sergeant Major and/or First Sergeant worth his stripes would look into this issue and force action. At least in my Marine Corps they would...it's an honor thing.

Sorry to read that your ex is a putz.

LouisLouis · Nov 15, 2010

Beaglemom3,

Thank you for your comment.

> From your verb tense, I am sending that this divorce has been finalized ? Kindly correct me if I have misunderstood.

Yes, we are divorced already.

> As they are considered "assets", it should have been captured for either (or both) parties in the divorce settlement/divorce decree.

The court took the two steps method - 1. make the divorce official, and 2. discuss the asset separation.
Currently, we are in step 2, and it has been predicted that it would take another year or so to be finalized.
I am hoping to be out of this sooner than that, but if not, it is good to know that divorce settlement would help me get out of it

.

Thank you again!

Beaglemom3 said:
As they are considered "assets", it should have been captured for either (or both) parties in the divorce settlement/divorce decree.

Do you have a copy of this ?

From your verb tense, I am sending that this divorce has been finalized ? Kindly correct me if I have misunderstood.

teepeeca · Nov 16, 2010

LouisLouis

Hello. Just read all of this post. Since you say that you are in "step 2" of the procedings, I would suggest that you (or through your legal advisor) inform the court of these marital assets/timeshares, and inform (MAKE SURE) that they know of the financial impact on you if the monthly/yearly fees are not paid in a timely manner.

Make sure that the court understands the detriments to you, and your credit standing/history/career qualifications "problems" that certainly WILL arise, if your "soon to be" EX will not participate in paying the fees.

If the court system intervenes, "maybe" you ex-husband will be more cooperative.

On a "side-note". The "no-name" timeshares "might" have some value. You might want to disclose what/where/the names.

Tony

Divorced: How can I quit being a "co-owner"?

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