Trying to help my girlfriend get out of her timeshare contract

[tschwa2]

I've purchased and sold in California. One spouse can purchase but both have to sign of on any sale if purchased while married.

 

[bnoble]

I've purchased and sold in California. One spouse can purchase but both have to sign of on any sale if purchased while married.

Interesting. I wonder if that would apply to (non-deeded) CWA?

 

[tschwa2]

Interesting. I wonder if that would apply to (non-deeded) CWA?

I don't know. Not only is it not deeded but the trust is registered in Florida. I am a non Californian who owned a deed in California. I have no idea how things would work for Californians purchasing assets not in California.

 

[davidvel]

You guys are the legal experts on California law, I'll defer to you.

 

[Grammarhero]

You guys are the legal experts on California law, I'll defer to you.

I wouldn’t say anybody is a legal expert on California law. They might have experiences of the legalities of California law, but no one here is an expert except CA attorneys.

 

[Karen G]

I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”

 

[am1]

I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”

Correct

 

[Eric B]

It’s a bit more complicated than that in California. If you have any need for legal advice in that area, again, you are best off seeking counsel from someone that practices in that area of law. Here’s a link to a very high level discussion of how it works that is in no way intended as legal advice to anyone:

California Community Property and Real Estate

Find out how California community property law applies to transfers of real estate and create your own California deed in minutes, without an attorney.

www.deedclaim.com

 

[bnoble]

I don't know. Not only is it not deeded but the trust is registered in Florida. I am a non Californian who owned a deed in California. I have no idea how things would work for Californians purchasing assets not in California.

I was thinking about sales that happened at a California resort.

 

[tschwa2]

If the girlfriend is in her early twenties, I might let it slide. I wouldn't marry her until her debts are all under control and the OP should seriously consider a pre-nup to protect himself if she doesn't change/grow up.

 

[Eric B]

If the girlfriend is in her early twenties, I might let it slide. I wouldn't marry her until her debts are all under control and the OP should seriously consider a pre-nup to protect himself if she doesn't change/grow up.

Even if she did get herself together, don't you think your husband would object?

 

[rukiddin]

Wow..this is a very active community! Again, thanks for the input.

A little more info to paint the picture.

The timeshare was purchased in Nevada.

My girlfriend has no intention of sticking any of this to her ex. They are amicable, and that's not the intention here. I'm sure when they get their balance sheets in order, she'll take responsibility for this debt.

Again, the husband had nothing to do with the timeshare.

I am not offering financial aid, although I might if I saw a clear exit, which from where I sit, I don't see anything that does not involve a lot of time and waiting.

I will dig through the original applications to see what was written down (in terms of income). I'll have to ask her if she was coached as to what to write on the application.

Thanks again for all the input. I'm going to read up on some of the others who have gone through this. I will of course report back as to what happens, and what hit her credit took.

Mike

 

[am1]

Wow..this is a very active community! Again, thanks for the input.

A little more info to paint the picture.

The timeshare was purchased in Nevada.

My girlfriend has no intention of sticking any of this to her ex. They are amicable, and that's not the intention here. I'm sure when they get their balance sheets in order, she'll take responsibility for this debt.

Again, the husband had nothing to do with the timeshare.

I am not offering financial aid, although I might if I saw a clear exit, which from where I sit, I don't see anything that does not involve a lot of time and waiting.

I will dig through the original applications to see what was written down (in terms of income). I'll have to ask her if she was coached as to what to write on the application.

Thanks again for all the input. I'm going to read up on some of the others who have gone through this. I will of course report back as to what happens, and what hit her credit took.

Mike

Who cares what her income is other then in regards to the risk of loaning to her. I wonder where their limit is between where she was and her friend who was declined?

 

[dgalati]

I've purchased and sold in California. One spouse can purchase but both have to sign of on any sale if purchased while married.

It applies to real estate purchased in Ohio also.

 

[bogey21]

No need to procrastinate. Lawyers are not worth the money in her situation. Number 2 is the way to go..

The Number 2 I referred to is to Default. Someone said to call Wyndham and try to talk them into taking it back. I'm OK with that but if they won't, I still believe Default is the only answer here...

George

 

[am1]

The Number 2 I referred to is to Default. Someone said to call Wyndham and try to talk them into taking it back. I'm OK with that but if they won't, I still believe Default is the only answer here...

George

Or pay a valid debt owed and move on.

 

[Luanne]

Or pay a valid debt owed and move on.

Hard to do when you don't have the money.

 

[troy12n]

Or pay a valid debt owed and move on.

If that was a possibility do you think the OP even would have posted this?

 

[am1]

If that was a possibility do you think the OP even would have posted this?

Had money to pay credit cards off. But you are right. A sad situation. The op does seem to be helping resolve it. Let’s remember everything happens for a reason.
1. Learn friend is not a person of their word.
2. Learn a very important lesson.
3. Divorce husband. We do not know all the details.
4. Get together with OP.
Hopefully overall it’s a win.

 

[dgalati]

Had money to pay credit cards off. But you are right. A sad situation. The op does seem to be helping resolve it. Let’s remember everything happens for a reason.
1. Learn friend is not a person of their word.
2. Learn a very important lesson.
3. Divorce husband. We do not know all the details.
4. Get together with OP.
Hopefully overall it’s a win.

Sounds very complicated to me with to many variables or players involved.

 

[Family_travel]

How was the friend expecting to refinance, if his name is not on the loan? Why has he not been paying the monthly payments?
Is he continuing to shop for a loan to pay-off the balance?
Not sure if it would help, but can the friend sign a statement that he owes her this? (that usually helps on Judge Judy)

 

[RX8]

I always thought that the reason the timeshare people don’t want just one spouse to attend the timeshare presentation without the other one is that the person they are talking to has a very easy come back as to why they won’t purchase: “I have to ask my husband or wife.”

^^^ I agree with this. Another reason is that the timeshare salesperson can play one against the other. For example, if one party is interested but the other Is not, you can bet the salesperson is going to figure out how to exploit that.

 

[dgalati]

^^^ I agree with this. Another reason is that the timeshare salesperson can play one against the other. For example, if one party is interested but the other Is not, you can bet the salesperson is going to figure out how to exploit that.

Divide and conquer. This strategy works well and is exploited very well by the sales team. The first presentation I went on was at Heavenly Valley in Lake Tahoe Sept of 1987. My wife seemed really interested and the sales team went to work on me telling me what a great investment this would be at $12k for only one week of ownership. Then the champagne bottle corks went flying and every sales stodge stood up and clapped. This they said was because every time someone bought it meant the value of their ownership was going up. Fortunately for me I had rental homes that provided me with accelerated depreciation that maximized the tax savings in the first 5 years along with principle reduction and hopefully some appreciation yearly. When I asked about how this investment would provide me with tax savings, yearly appreciation and monthly principle reduction paid by the renters they looked like a deer in head lights. I figured for $12 k down I would buy another $60,000 house that I controlled and could drive by every day. That day the sales team was beat down by a 25 year old that knew more then them about investment property and he worked to hard for his money to be fleeced out of it by some smooth Bullsh***** sales stodges.

 

[am1]

How was the friend expecting to refinance, if his name is not on the loan? Why has he not been paying the monthly payments?
Is he continuing to shop for a loan to pay-off the balance?
Not sure if it would help, but can the friend sign a statement that he owes her this? (that usually helps on Judge Judy)

Probably got wise and cooled off on the idea.

 

[Family_travel]

Probably got wise and cooled off on the idea.

Which shows, he doesn't feel as bad about it as he says.