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Ex won’t relinquish co-ownership

TS1969

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Ex and I divorced over 10 years ago. Timeshare was paid in full. I was awarded the Timeshare in the divorce to be turned over in 30 days. He waited 7 years, then sent Hilton our divorce decree, which put me as being the main owner and him the co-owner. They are now sending me all the bills. He refuses to remove his name from the deed and now they are coming after me for late fees and dues even though he is part owner. Hilton refuses to help me and even says they can’t discuss certain issues with me as he is also part owner. Is there anything that can be done? Please help.
 

SHG

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Sorry to hear about your problem. I have similar problem (not a divorce), but a person unwilling to remove their name from the deed, just to be hateful. The person has no access or use of the ownership, but refuses to sign over...…. I proposed (but we have not performed) suggestion number 2 below.

Hmm, a couple of questions?
1. How does Hilton explain that they will accept the divorce papers as cause to change his status to co-owner, but not to remove him from the deed?
2. If your husband was willing to submit the divorce papers to Hilton, why would he not want to sign the deed change??

Suggestions:
1. Provide your divorce papers and the court documents that award you the timeshare as proof that you should be the only name on the deed.
2. Advise your husband that if he does not sign documents to remove his name from the deed, you will take him to small claims court. This you can do on your own without and attorny, and you can suit for up to $15K (I think that is the current limit....)
 

Talent312

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You need to speak to a lawyer versed in R/E law.
No one here can give you qualified legal advice.

But I will say this:
A divorce decree is typically not self-executing, meaning it is not a deed.
He needed to sign a Quit Claim Deed for HGVC to take his name off it.
So, HGVC is free to go after either of you, or both.

If you had a divorce lawyer, he failed to do his job in getting a QC Deed.
Had he done so, the TS would'a been exclusively yours all this time...
(meaning you'd have been solely responsible for fees+taxes, anyway).

If you don't want the TS, you can let them foreclose and take a credit hit.
If you're in contact with your ex, you might let him know its coming.
.
 

theo

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You really need to meet with an attorney, with any and all associated documentation in hand.

That much clearly stated, assuming what you describe to be accurate and complete, there should have been a new (quit claim) deed prepared and signed by the "ex" for him to relinquish co-ownership, with said deed then being officially recorded, complying with the terms of the divorce decree. No real surprise that Hilton would do nothing without a new recorded deed reflecting new ownership.

It seems to me that someone "dropped the ball" here --- and my own guess is that the fumble was by your divorce attorney.
Meet with a licensed attorney --- perhaps even the same one who plainly seems to have dropped this ball in the first place.
 
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RX8

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Curious, who has been paying the MF and using the timeshare for the last 10 years?
 

TS1969

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Curious, who has been paying the MF and using the timeshare for the last 10 years?

He demanded the timeshare at first, then turned it over to me 7 years later. Maybe he figured out how bad timeshares are? Seems he’s the winner here?


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TS1969

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My ex and I have had no contact over the past 10 years. When he signed it over to me, it came out out of nowhere and with a year due - after he became engaged to another woman. I don’t have a job and there’s no way I can pay this. Doesn’t help that ex is a millionaire.


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Karen G

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I don’t have a job and there’s no way I can pay this.
What is your goal here? Do you want the timeshare even though you say you can't pay the annual maintenance fees or do you want to get rid of the timeshare?
 
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TS1969

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What is your goal here? Do you want the timeshare even though you say you can't pay the annual maintenance fees or do you want to get rid of the timeshare?

I don’t want the timeshare. I just want out! I can’t handle the sleepless nights and anxiety attacks anymore.


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Karen G

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So sorry you're having to deal with this unfortunate turn of events. You've been given good advice in the posts above and I hope you can find a solution. If you can get your ex's name off the deed you could try to give away your ownership in the Bargain Deals forum, or maybe he'd be agreeable to trying to give it away as is.
 

TS1969

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So sorry you're having to deal with this unfortunate turn of events. You've been given good advice in the posts above and I hope you can find a solution. If you can get your ex's name off the deed you could try to give away your ownership in the Bargain Deals forum.

What’s the bargain deals forum?


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Karen G

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RX8

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You should verify with an attorney but I don’t think HGVC must to do anything with a 10 year old divorce decree. The more responsible parties for payment the more they like it. Primary or not, both are equally liable to HGVC.

If your ex is a “millionaire” call HGVC and tell them you haven’t used or paid for this time share in the last10 years. Further, tell them you are unemployed but your ex is gainfully employed and if they want payment they should call him. Provide HGVC with his home number and employer information for good measure.
 

TS1969

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You should verify with an attorney but I don’t think HGVC must to do anything with a 10 year old divorce decree. The more responsible parties for payment the more they like it. Primary or not, both are equally liable to HGVC.

If your ex is a “millionaire” call HGVC and tell them you haven’t used or paid for this time share in the last10 years. Further, tell them you are unemployed but your ex is gainfully employed and if they want payment they should call him. Provide HGVC with his home number and employer information for good measure.

Thank you. I will provide his information for them. He just turned this over to me 3 years ago, after he had it 7 years. I was scared to death so I charged the last years fees and paid them off on my credit card. He turned it over to my name (after a 7 year old divorce decree), so what am I supposed to to do now? I think I’m just scared that I’ll loose everything: and the house my dad left me after he died.


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Karen G

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I think I’m just scared that I’ll loose everything: and the house my dad left me after he died.


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Even if you just let the timeshare company foreclose on the timeshare, they couldn't take your house or any other property. The worst
that could happen would be a hit to your credit score and even that goes away in 7 years, I think. I hope you were able to use the timeshare in
the years that you paid the maintenance fees.
 
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TS1969

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Even if you just let the timeshare company foreclose on the timeshare, they couldn't take your house or any other property. The worst
that could happen would be a hit to your credit score and even that goes away in 7 years, I think. I hope you were able to use the timeshare in
the years that you paid the maintenance fees.

I’m just happy to know that, if I’m NEVER going to pay them (seems like they’d go after the co-owner), they can’t take the house my dad left me.

This is so horrible. I have nightmares and panic attacks because of this. This timeshare has been my nightmare for so many years.


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theo

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My ex and I have had no contact over the past 10 years. When he signed it over to me, it came out out of nowhere and...

With all due respect, it seems to me that, based upon your portrayal of events (and non-events), he never "signed it over to you".
If no quitclaim deed was ever prepared, signed and recorded, what is it that you could possibly interpret as "signed over"? :shrug:

From Hilton's viewpoint you have been (and still remain today) equal co-owners, divorce decree notwithstanding. That said, a good question was raised previously ( see post #5 above) --- who has been paying the maintenance fees for the past 10 years? If the answer was no one, then foreclosure would surely already have occurred long before now. :ponder:
 
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Karen G

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I’m just happy to know that, if I’m NEVER going to pay them (seems like they’d go after the co-owner), they can’t take the house my dad left me.

This is so horrible. I have nightmares and panic attacks because of this. This timeshare has been my nightmare for so many years.


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That's such a shame that this has caused you so much worry. Just step back and try to think logically about this. If you don't pay for a timeshare, the most they could take would be the timeshare itself--that's what would happen in a foreclosure. They don't have any claim on anything else you own.
 
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Talent312

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She can't sell it or give it away w/o her ex signing the deed.
She can't even do a give-back or deed in lieu of foreclosure.
The only way out is a "friendly" foreclosure.

If they try to collect past-due fees, they'll likely find that she's
"judgment proof" (meaning no assets to seize). Or she could
file Bankruptcy. I know of one ex who used Bankruptcy to turn
their creditors loose on the other spouse.
 
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TS1969

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She can't sell it or give it away w/o her ex signing the deed.
She can't even do a give-back or deed in lieu of foreclosure.
The only way out is a "friendly" foreclosure.

If they try to collect past-due fees, they'll likely find that she's
"judgment proof" (meaning no assets to seize). Or she could
file Bankruptcy. I know of one ex-spouse who used Bankruptcy
to turn their creditors loose on the other spouse.

Filing bankruptcy is $1400. The dues are $1800. At this point I’ll file bankruptcy. Is that wrong? Would they go after ex? As being co-signer?


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TS1969

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FYI: I don’t have a job (3 years now due to PTSD, agoraphobia and depression) he took my business, and I’ve gone through so much I don’t care about my credit anymore. I just want to be out of this. I’m willing to file bankruptcy (with a friends help) and I no longer care about my credit. I just want out.


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Talent312

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Filing bankruptcy is $1400. The dues are $1800. At this point I’ll file bankruptcy. Is that wrong? Would they go after ex? As being co-signer?

Getting a fresh start is what Bankruptcy is for.
They'll especially hound a co-owner with deep-pockets, if they can find him.
.
 
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TS1969

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Getting a fresh start is what Bankruptcy is for.
They'll especially hound a co-owner with deep-pockets, if they can find him.
.

I’ve given them his phone number and address. I’ll go out this way if it releases me from this nightmare.


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RX8

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Where and how many points do you own? $1800 is a lot for HGVC maintenance fees so maybe you have something worth a few thousand dollars. If so, that might be worth convincing him to sign off on the deed so you could dispose of it quickly with a few bucks in your pocket.
 

TS1969

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That's such a shame that this has caused you so much worry. Just step back and try to think logically about this. If you don't pay for a timeshare, the most they could take would be the timeshare itself--that's what would happen in a foreclosure. They don't have any claim on anything else you own.

So I can just tell them I want to foreclose on my half (let ex deal with his half), tell them I have no money to pay them, and they can’t come back and take the home I received from my parents when they died? I haven’t put the home in my name yet due to this fear. If this is the best way to go about it, then I will call them on Monday.


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