Remove my name from a TS Deed?

I purchased a TS about 12 years ago with a joint owner. We were not legally married and when the relationship ended last year she refused to sign a quit claim deed giving me the TS - (Our actual residence was purchase in her name & she kept the house.) I wanted the TS.....

ANYWAY, Is there a way for me to remove my name from the deed? She refuses to sign any paperwork....and now we have no contact. I would either take it over or give it to her....but I am not going to pay for it and have her use it.

The TS is in Myrtle Beach, SC.

THANKS!!

If you want to give it to her, you can sign a Quit claim deed (giving it to her) and record the deed at the county where the TS is located. The problem is if she doesn't want it, then she doesn't have to accept the deed and you'd still be on the hook for any fees that are assocated with the TS.

Check with a closing agent to ensure you get the format correct.

There have been title problems in the past on files were two parties were on an original deed, and only one executed a later quit claim. I think it relates to how the original vesting shows.

You may want to check with a closing agent to ensure the formatting is correct as you'd hate to have to come back in a few years to do it all over again, or to have her later default and a collection agent target you if the quit claim is declared invalid. You may have a small fee, but knowing it is done properly may be worth it.

Perhaps some of the closing specialists or attorneys here can give you some more specific info, or perhaps offer you a reduced rate.

Make a motion in court asking for for partition.(I assume it is held as tenants in common)

kansaskat said:

I purchased a TS about 12 years ago with a joint owner. We were not legally married and when the relationship ended last year she refused to sign a quit claim deed giving me the TS - (Our actual residence was purchase in her name & she kept the house.) I wanted the TS.....

ANYWAY, Is there a way for me to remove my name from the deed? She refuses to sign any paperwork....and now we have no contact. I would either take it over or give it to her....but I am not going to pay for it and have her use it.

The TS is in Myrtle Beach, SC.

THANKS!!

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If you both hold title, to remove your name both of you have to sign the deed as the Grantor. The grantee (the person getting it) can then be either one of you.

You need to talk to a South Carolina attorney to find out if a partition lawsuit would accomplish what you want, but then your into some costs.

IF and it is a big if, she has married, then by South Carolina law, you will also need her new spouse to sign off on the deed as well.

Wether you hold the timeshare as a tenant in common or as JTWROS is a mute point at this time unless someone has passed away.

The advise of just deeding to her will not work as both parties on deed have to sign to put it in one name. Yes, you can prepare the deed that way and with the proper funds it will record, however, it is a huge title defect and will not hold up in a court of law if challenged.

Dave

Dave H said:

The advise of just deeding to her will not work as both parties on deed have to sign to put it in one name. Yes, you can prepare the deed that way and with the proper funds it will record, however, it is a huge title defect and will not hold up in a court of law if challenged.

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In California, a deed signed by one joint owner in favor of another would work just fine. Which is exactly why you need legal advice specific to South Carolina.

vacationtime1 said:

In California, a deed signed by one joint owner in favor of another would work just fine. Which is exactly why you need legal advice specific to South Carolina.

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I close in South Carolina all day long and have a SC Attorney on my staff, need both people to sign to deed it to the other and IF the person has since gotten married, his or her new spouse will also have to sign.