Death, Divorce and Marriage

[bbroques68]

Here's a fun one. My ex-husband and I own(ed) a Hyatt Residence Club timeshare. We divorced, amicably, and agreed to do 50/50 on the timeshare, but did not include it in our divorce proceedings (big mistake). It worked fine. Unfortunately, he passed away in 2020 and I have since remarried. The title is still in both our names and the deed says we are married. Because we were divorced, my two children are the heirs and executors but they do not want the timeshare. I ultimately want the deed/title in my married name, but it seems like there are a lot of steps to deal with his death and my marriage. Help!

 

[vacationtime1]

It is essential to know how you and your ex held title. Also, is the timeshare in the same state as your ex's last residence?

 

[VacationForever]

You can just have title transferred to only your name since both your names are on the deed as joint tenants. All that you need is his death certificate and have title changed to your name. Contact the resort or Legal Timeshare Transfer and they should be able to help you - link below. They are very good. It will cost you a small fee to get it done.

LT Transfers - Timeshare Transfer Experts-Legal Timeshare Transfers.

LT transfers specialists. We are legal timeshare transfer specialists. Get the best from timeshare transfer company for LT transfers.

www.lttransfers.com

 

[SteveinHNL]

As mentioned above, it's crucial to know how title was held. If it was held as tenants in common, you are going to need an executor of the decedent's estate to sign a deed (along with you also signing) transferring your TC in interests to you in your married name. If you are in community property state, you want to also clarify whether it is being transferred to you as community or separate property since you are remarried. If you are receiving it as separate instead of community property, I would have your husband also sign an acknowledgment/disclaimer of that since you receiving a 50% interest essentially as a "gift" to you during your current marriage.

 

[SteveinHNL]

If title was held jointly with right of survivorship, then you are already the sole owner as your ex's interest was extinguished upon his passing. LT Transfer can help you prep a deed and get it recorded to show only your current name. Again, consider whether you are going to receive title as community or separate property (if you live in a community property state).

 

[vacationtime1]

You can just have title transferred to only your name since both your names are on the deed as joint tenants. All that you need is his death certificate and have title changed to your name.

You don't know that.

First, OP only described title as both names reciting that the parties are married. Whether that has a survivor right depends on the law of the state in which the timeshare is located, which is presumably Florida but we don't know for sure.

Nor should any of us opine on the specifics of Florida law when there is a divorce and the asset is not mentioned; does it become tenancy in common? I could give you the answer in California, but would not venture a guess about any other state.

If it is joint tenancy and if the joint tenancy survives the divorce, then yes, recording a certified copy of the death certificate would solve the problem (and LT Transfers would be unnecessary).

 

[VacationForever]

You don't know that.

First, OP only described title as both names reciting that the parties are married. Whether that has a survivor right depends on the law of the state in which the timeshare is located, which is presumably Florida but we don't know for sure.

Nor should any of us opine on the specifics of Florida law when there is a divorce and the asset is not mentioned; does it become tenancy in common? I could give you the answer in California, but would not venture a guess about any other state.

If it is joint tenancy and if the joint tenancy survives the divorce, then yes, recording a certified copy of the death certificate would solve the problem (and LT Transfers would be unnecessary).

It is rare that timeshare ownership is not taken as joint tenant. So, the assumption is almost certainly correct. With a death, the deed still needs to be re-recorded to drop one name and a cost is associated with the transfer unless you want to handle it yourself. LTT would do it for a fee. If you contact the resort, the resort will also likely to recommend their favorite firm to do the transfer for a cost, usually higher than what LTT charges. Been there, done that.

 

[vacationtime1]

It is rare that timeshare ownership is not taken as joint tenant. So, the assumption is almost certainly correct. With a death, the deed still needs to be re-recorded to drop one name and a cost is associated with the transfer unless you want to handle it yourself. LTT would do it for a fee. If you contact the resort, the resort will also likely to recommend their favorite firm to do the transfer for a cost, usually higher than what LTT charges. Been there, done that.

Except OP is now divorced. In many states joint tenancy or community property automatically becomes tenancy in common property upon divorce. I don't know Florida law on the subject so I want to be circumspect in making suggestions.

 

[VacationForever]

Except OP is now divorced. In many states joint tenancy or community property automatically becomes tenancy in common property upon divorce. I don't know Florida law on the subject so I want to be circumspect in making suggestions.

Most joint tenancy includes "with right of survivorship", which means that even divorced, it gives ownership to the other party. OP needs to contact the resort to explain the situation. From my experience, the resort referred to an outside title transfer company to complete the transfer.

 

[SteveinHNL]

Most joint tenancy includes "with right of survivorship", which means that even divorced, it gives ownership to the other party. OP needs to contact the resort to explain the situation. From my experience, the resort referred to an outside title transfer company to complete the transfer.

No need to contact the resort. Just take a look at the deed, it will control.

 

[VacationForever]

No need to contact the resort. Just take a look at the deed, it will control.

Yeah, everything that I have seen on my deeds and accounts, "with right of survivorship" are spelt out.

 

[Fido Chuckwagon]

In Florida, a joint tenancy with right of survivorship is severed when a couple divorces and becomes a tenancy in common.