# transferring DVC ownership



## klynn (Nov 3, 2018)

Is it possible to transfer a DVC ownership between family members and would Disney help us with that transfer?


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## Dean (Nov 3, 2018)

klynn said:


> Is it possible to transfer a DVC ownership between family members and would Disney help us with that transfer?


It's possible to sell it to another.  In some cases you can transfer to immediate family without activating ROFR depending on specifics.  DVC won't get involved but they will direct you to a high cost closing company.  For WDW it's not difficult to to it yourself.  LT transfers will do so for around $200 total.


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## dioxide45 (Nov 3, 2018)

It will require a deed to be drawn and signed by the seller/grantor. Not real hard and as said, LT Transfers does a great job of it for the lowest price.


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## klynn (Nov 4, 2018)

It would be a transfer between immediate family members. No money involved. How do we get around ROFR?


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## Panina (Nov 4, 2018)

klynn said:


> It would be a transfer between immediate family members. No money involved. How do we get around ROFR?


If you call LT transfers they will tell you what needs to be exactly done.  They knew how to get around rofr for a hgvc unit I gifted. I had to notarize an affidavit that it was a gift.


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## Dean (Nov 4, 2018)

klynn said:


> It would be a transfer between immediate family members. No money involved. How do we get around ROFR?


There's no legal way to get around ROFR but in some cases DVC will waive it.  For gratuitous for immediate family members they will waive the ROFR.  I'll give you the historical information, correct as for DVC's website as of today then I'll give you one slight variation.

Historically for any transfer (gift or sale) you:

Fill out transfer form #1 and send it to DVC.  
Then when you get the Waiver of ROFR form, you record that and a new deed.
There's also a tax form you have to do for Orange County also.
Then you Send transfer form #2 long with a copy of the recorded deed to DVC.  
Total cost about $40 for recording fee.  The form and basic instructions are on DVC's website.  This is the process to add or delete a name, change to a trust or transfer ownership completely.  IF it's to an immediate family member and they waive the ROFR, that person will qualify for all of the perks that the former owner did.  There is no formal definition of immediately family member and it'd be up to DVC to decide.  To my knowledge, they've never furnished a list or definition.  You can call and ask and likely should, they can send you the newer form as well.  

The additional new information is that there has been one or 2 reports that they've changed their process slightly and no longer require ROFR for just name changes but in this case since it's a transfer, that likely doesn't apply.  Just email DVC using the form on the website and ask them.  The transfer form and instruction document is on the website as well.  It refers you to First American Title, I would use someone else.  

This assumes it's gratuitous as specified and it's truly an immediate family member.  Normally immediate family member and first degree relative are the same but again, it'd be up to DVC as the right to give it is not contractual even if gratuitous.  Of course selling, even to an immediately family member, falls into a different category. I know people play games in this situation but it's illegal in all the states I know of to put one set of terms on the documents with a side deal to bypass ROFR and it definitely is in FL.  It's not illegal but may be unethical to do it in 2 parts by adding a name now and removing one later.

If you're thinking of doing it yourself and savings $170 or so, post back.


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## klynn (Nov 4, 2018)

Thank you!  I will contact DVC.  The situation is several years ago we purchased a small contract for our young adult son.  We thought in time he would use it and enjoy it.  He is now in grad school and has no interest it owning it.  He wants to give to us since we bought it and have paid all the yearly dues since time of purchase.


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## Dean (Nov 4, 2018)

klynn said:


> Thank you!  I will contact DVC.  The situation is several years ago we purchased a small contract for our young adult son.  We thought in time he would use it and enjoy it.  He is now in grad school and has no interest it owning it.  He wants to give to us since we bought it and have paid all the yearly dues since time of purchase.


That should be easy and given the reports of them not requiring ROFR now on such transfers, you can do it for under $20 fi you're willing to do the deed yourself.  Email me directly and I'll point you in the right direction to do so.  You won't have to worry about reservation cancelations in this situation as well.


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## klynn (Jun 27, 2019)

Dean said:


> That should be easy and given the reports of them not requiring ROFR now on such transfers, you can do it for under $20 fi you're willing to do the deed yourself.  Email me directly and I'll point you in the right direction to do so.  You won't have to worry about reservation cancelations in this situation as well.



Dean,

My son was just home for a few days.  We have decided that it would be easier to just add my name to the deed (I am already on the account as a person that can make reservations).  I am willing to prepare the deed myself as I have prepared a few in the past.  Is is okay to still email you for more information?  Thanks!


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## littlestar (Jun 27, 2019)

We have transferred a DVC deed between immediate family. It was pretty easy to do as Dean mentions above.


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## Dean (Jun 27, 2019)

klynn said:


> Dean,
> 
> My son was just home for a few days.  We have decided that it would be easier to just add my name to the deed (I am already on the account as a person that can make reservations).  I am willing to prepare the deed myself as I have prepared a few in the past.  Is is okay to still email you for more information?  Thanks!


That sounds like a good plan assuming there are no other issues that might cause problems.  The only other consideration is that it sounds like you own otherwise and if you change the title to match, you may be able to get the contracts under one master.  You might want to look at this thread on DIS  https://disboards.com/threads/step-...xisting-contract-gratuitous-transfer.3701707/


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