Ex won’t relinquish co-ownership

[TS1969]

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.

It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn.


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[RX8]

With two owners they won’t foreclose on just one of them. HGVC will attempt to collect the amounts owed and will concentrate their efforts on whoever they feel has the means and willingness to pay. If amounts aren’t paid then eventually they will foreclose which will effect both owners equally.

 

[RX8]

It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn.


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You may need to consult an attorney regarding all this. Although the divorce decree started you were to be responsible for the timeshare your ex may have given up that right when he refused to quit claim the deed.

How do you know HGVC refuses to go after him? Again, it doesn’t matter who is first or second on the deed as both are equally liable. Any creditor, not just timeshares, will focus on who they think can pay. That is why I suggested to tell them you are unemployed but your ex, who has used the timeshare the last 10 years, is employed and give them all his contact info.

How many points do you have? If it is 7,000 or more it is worth at least $5,000.

 

[TS1969]

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"?

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.

I asked for 2 things in my divorce. The timeshare and my Lincoln Navigator. My ex is very manipulative. He wouldn’t release the tag (which was in his name) so I could no longer drive it. He wanted the timeshare at first until he got with his new wife. Apparently she told him to let me have the timeshare and Hilton took the outdated divorce decree and switched our ownership from him being the main owner to the co-signer. But they will not completely remove his name and when I asked him to sign it over to me, I received 2 words from him ‘F**K YOU’. I’ve told Hilton I can’t pay the now mounting club fees and dues and gave them his phone number and addy. They just keep coming after me. Seems he’s getting off Scott free being the co-signer. Maybe he’s thinking he will get it after I die paid in full; I just don’t know why or what he is thinking other than being mean and spiteful about it. When I asked Hilton if they could change it back (reaching for anything I could grab), they told me they had to go by the divorce decree (which was already 7 years old at that point). I just don’t understand it??


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[TS1969]

You may need to consult an attorney regarding all this. Although the divorce decree started you were to be responsible for the timeshare your ex may have given up that right when he refused to quit claim the deed.

How do you know HGVC refuses to go after him? Again, it doesn’t matter who is first or second on the deed as both are equally liable. Any creditor, not just timeshares, will focus on who they think can pay. That is why I suggested to tell them you are unemployed but your ex, who has used the timeshare the last 10 years, is employed and give them all his contact info.

How many points do you have? If it is 7,000 or more it is worth at least $5,000.

It’s 3500 every 2 years. I haven’t actually used the timeshare for several years. I’ve told Hilton I was unemployed and cannot pay this. But my words seem to land on deaf ears and they keep sending me the bills. Should I just be persistent and keep calling them? Or should I leave it alone and they will they eventually go after him anyway? Thanks


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[bogey21]

You say you want out. Here is my two step solution. First, change the mailing address, phone number and email address on the account to his. Second, don't pay any MFs. My guess is that they will start dunning him for payment. If you get any phone calls from Hilton, don't discuss the situation and politely hang up. If your ex calls, ignore him too. Then wait and see what happens...

 

[TS1969]

It’s 3500 every 2 years. I haven’t actually used the timeshare for several years. I’ve told Hilton I was unemployed and cannot pay this. But my words seem to land on deaf ears and they keep sending me the bills. Should I just be persistent and keep calling them? Or should I leave it alone and they will they eventually go after him anyway? Thanks


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I want to eventually put the house my parents left me in my name but afraid to do so until this gets settled. Do I need to be concerned they will go after my house once I
Put it in my name? Right now, nothings in my name, I have no job, no bank accounts, savings, etc. nothing for them to come after.


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[TS1969]

You say you want out. Here is my two step solution. First, change the mailing address, phone number and email address on the account to his. Second, don't pay any MFs. My guess is that they will start dunning him for payment. If you get any phone calls from Hilton, don't discuss the situation and politely hang up. Then see what happens...

Okay, I will try this and see if it works. Thank you so much (and everyone) for their advise. Needless to say this has caused many sleepless nights as well as panic attacks. It’s been brutal.


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[presley]

Timeshares aren't worth the adrenline rush of a panic attack. Just don't pay for it. Tell the timeshare company that you don't have any money and you aren't going to pay for it. Then, never talk to them again. Don't answer the phone and don't open any mail from them. They can choose to save their resources and take it back immediately, or they can go through foreclosure and make it more of a hassle for themselves. You don't need to absorb any of the hassles. And don't waste your brain on thinking about your Ex. You are giving him way too much power by doing that. What's done is done. Time to put one foot in front of the other and forget about the past.

 

[pedro47]

To the OP, you need to see a lawyer to resolve these issues. Liked ten (10) years go. Good luck do not wait; do it now.

Advice and suggestion on this website have been excellent.
However, you need a lawyer and have these issues settle in a court of law.

 

[RX8]

Unfortunately, 3500 points EOY has zero resale value.

The fact that they keep sending you bills doesn’t mean that they aren’t doing the same to your ex.

 

[theo]

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.....

Again, if both of your names are still on the current deed, then both of you are (and will remain) equal co-owners.
Until / unless a new and different deed is prepared and recorded with different name(s), you have no available option to unilaterally and independently separate yourself from that ownership and / or its' associated obligations.

You really and truly should meet with an attorney. You are not going to achieve any satisfactory resolution from phone conversation with Hilton. As it currently stands right now, they have both of you on the hook and you can rest assured that have their own (not your) best interests at heart.

 

[Talent312]

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.

First, they would join both of you in a foreclosure suit, not do it piecemeal. So, in a way, you'd be married again.

Second, many states have homestead property exemptions for claims of creditors. Other exemptions may include personal property up to a certain amount and head of household income. That's why I said you're likely "judgment proof." So it likely would not make a difference.

You may find information about this on www.nolo.com.
BTW, many lawyers offer no or low fee initial consultations.
Your state or local bar association prolly has a referral list for this.
..

 

[TDub1313]

I would say the less you tell them the better off you are, beyond that you won’t be paying because you are unable. From the sound of things you have multiple issues hanging out there that are in need of legal attention. If your parents left you a home but it still isn’t in your name - that is odd to me. The general rule here is to stop paying and don’t talk to them. Monitor you credit going forward and assume that your ex is getting the same calls/letters you will be getting. If you can’t speak to him about selling it then I assume you’ll have very few palatable options outside of what has been talked about here. The two of you could get the fees current and then sell tuning this into a near wash for both of you.
Please remember this is an Internet forum and nothing here is real legal advice. You’ll likely need to pay for that. You may also want to consider changing your screen name in this forum as you appear to be using your full legal name. Most here use some type of nickname... It may not be a big deal but dealing with exes can be tricky...
Best of luck.

 

[TDub1313]

For some reason I cannot edit my post. It seems your contract likely doesn’t have any resale value. So selling won’t be an option. It is odd that your fees are so high with the true of points you get. Maybe split the delinquent fees (possibly more than a year’s worth) and then give it away. Thus avoiding a judgement. But if you have no assets at this time maybe it’s best to foreclose. It’ll hurt him more than you... not that that Is a good reason.

 

[bogey21]

You really and truly should meet with an attorney.

My take is that OP has little (maybe no) money and has zero assets in her name. How do you propose she pay an attorney...

George

 

[bluehende]

You have received some good advice. Try not to stress as you will come through this fine.


Having said that, to add more stress to your life, it seems to me your biggest problem is the original divorce and his non performance of the original divorce terms. It may add too much stress, but I would be talking to a lawyer about what consequences he may have for not following through. The best advice you have received is to contact a lawyer and establish what you can and cannot do.

I am not a lawyer so would be more than willing to pay for good advice. There is a thread about foreclosures as to what states cannot go after anything other than the timeshare. I believe Florida is one of them. If so you can ignore them and just lose the timeshare.....job done. My view from a distance is that your vindictive husband will find another way to stress you out.

 

[bluehende]

My take is that OP has little (maybe no) money to pay an attorney and has zero assets in her name. How do you propose she pay an attorney...

George

In her situation I would be surprised if some kind of legal aid would not be available. Not ideal but at least one way to go.

 

[Panina]

It’s a Hilton in Orlando called the Tuscany. I’ve asked ex (when I was working) to sign it over to me like he was supposed to in our divorce settlement but I got a big F**K YOU from him. He’s uncooperative and unwilling to work with me on this. And apparently Hilton has no interest in going after him, the co-owner on the deed. Just seems that I’m screwed no matter which way I turn.


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if you stop paying they will go after him.

 

[TS1969]

if you stop paying they will go after him.

I sure hope you’re right!! That only seems fair!! How long do I have to wait before this happens do you think? Do I still need to call and give them his address?


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[TS1969]

In her situation I would be surprised if some kind of legal aid would not be available. Not ideal but at least one way to go.

I have no money to hire an attorney. Someone suggested I go to attorney #1 (I had 2 attorneys during the course of the divorce), but I begged them to help me with the timeshare and they did nothing to help me. I had a consultation with a 3rd attorney and he said it was too late at that point. It seems attorney’s don’t want to get mixed up with timeshares


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[TS1969]

You have received some good advice. Try not to stress as you will come through this fine.


Having said that, to add more stress to your life, it seems to me your biggest problem is the original divorce and his non performance of the original divorce terms. It may add too much stress, but I would be talking to a lawyer about what consequences he may have for not following through. The best advice you have received is to contact a lawyer and establish what you can and cannot do.

I am not a lawyer so would be more than willing to pay for good advice. There is a thread about foreclosures as to what states cannot go after anything other than the timeshare. I believe Florida is one of them. If so you can ignore them and just lose the timeshare.....job done. My view from a distance is that your vindictive husband will find another way to stress you out.

I’ll happily take the foreclosure if they will just leave me alone. This is the only thing left my ex has over my head. I’ve blocked him from all areas of phone and social media and our two adult girls no longer speak with him.

But can they only foreclose on my half? He’s still on the deed as co-signer.


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[TS1969]

For some reason I cannot edit my post. It seems your contract likely doesn’t have any resale value. So selling won’t be an option. It is odd that your fees are so high with the true of points you get. Maybe split the delinquent fees (possibly more than a year’s worth) and then give it away. Thus avoiding a judgement. But if you have no assets at this time maybe it’s best to foreclose. It’ll hurt him more than you... not that that Is a good reason.

This has been going on 2 years now, so dues, fees, late charges, etc for 2 years for a timeshare worth 3400 points every 2 years.
I couldn’t give this timeshare away and he’s strapped me in since he’s unwilling to take his name off the deed. He’d never agree to trying to sell it. His main goal is to put me thru Hell over every last thing he can, but this is the last thing he’s bound me too.

I wonder I just call the timeshare and tell them to foreclose on my half and deal with him, or will they not even let me do that?




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[TS1969]

I would say the less you tell them the better off you are, beyond that you won’t be paying because you are unable. From the sound of things you have multiple issues hanging out there that are in need of legal attention. If your parents left you a home but it still isn’t in your name - that is odd to me. The general rule here is to stop paying and don’t talk to them. Monitor you credit going forward and assume that your ex is getting the same calls/letters you will be getting. If you can’t speak to him about selling it then I assume you’ll have very few palatable options outside of what has been talked about here. The two of you could get the fees current and then sell tuning this into a near wash for both of you.
Please remember this is an Internet forum and nothing here is real legal advice. You’ll likely need to pay for that. You may also want to consider changing your screen name in this forum as you appear to be using your full legal name. Most here use some type of nickname... It may not be a big deal but dealing with exes can be tricky...
Best of luck.

Thank you. My mom died from cancer 5 years ago. My dad just passed in a car accident recently so really haven’t had the time to put anything in my name.

My ex would never agree to paying one red cent. I’ve asked every question to him and his only response has only been to ‘f**k off.

It’s a good idea. I’ll change my screen name. Thanks for the advice.


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[Karen G]

I wonder I just call the timeshare and tell them to foreclose on my half and deal with him, or will they not even let me do that?

You are both co-owners of the one timeshare. If they foreclose, it's on the one timeshare and both co-owners will be affected. Just let it be foreclosed and you'll eventually be done with it. Cease to respond to any phone calls or letters about it. Forget about it. Let your ex deal with it.