Joint tenant with ex-wife problem

[Roman]

I need an advise. I have a joint tenant timeshare (points with Wyndham) with my ex-wife. She left US and in fact has no more status in US. She does not care about timeshare, fees and does not want to do anything with it. In particular, I can't sell the timeshare or do anything which would require her signiture.

Question 1. How can I procede to pay just my half of the fees?
Question 2. I've heard that I can sell my part of the joint tenant. But not sure how it will look, and whether anybody could be interested to be in common tenancy with another person.

Thank you in advance.

 

[Ridewithme38]

I need an advise. I have a joint tenant timeshare (points with Wyndham) with my ex-wife. She left US and in fact has no more status in US. She does not care about timeshare, fees and does not want to do anything with it. In particular, I can't sell the timeshare or do anything which would require her signiture.

Question 1. How can I procede to pay just my half of the fees?
Question 2. I've heard that I can sell my part of the joint tenant. But not sure how it will look, and whether anybody could be interested to be in common tenancy with another person.

Thank you in advance.

Are you guys Vip Platinum?

 

[Roman]

Are you guys Vip Platinum?

No, just regular owners.

 

[glypnirsgirl]

If you continue to pay the entire maintenance fees, you will be able to use the points yourself without her permission or involvement.

You will not be able to convey title to 1/2 your timeshare --- or at least no one in their right mind would buy it. They would have to pay the entire MFs to be usable and would only own half --- makes no sense.

elaine

 

[Roman]

If you continue to pay the entire maintenance fees, you will be able to use the points yourself without her permission or involvement.

You will not be able to convey title to 1/2 your timeshare --- or at least no one in their right mind would buy it. They would have to pay the entire MFs to be usable and would only own half --- makes no sense.

elaine

That is the question. Is there any way for me to quit the timeshare? I stongly believe that by law I have to pay just one half of the fees since I officially own just one half of the timeshare.

 

[rrlongwell]

That is the question. Is there any way for me to quit the timeshare? I stongly believe that by law I have to pay just one half of the fees since I officially own just one half of the timeshare.

The law that your belief would be based on, if it exists, does not provent the Resort from preventing use if the entire maintance fee is not paid. Good catch Ride, if it was a platium account ....

 

[Mel]

You don't own half. You jointly own the whole membership, and ou are jointly liable for the whole bill.

While she may no longer have "status" in the US, she is still your joint owner, and is still liable for the bills with you - can you imagine an owner from another company claiming they are no longer responsible because they are no longer able to visit the US, for whatever reason?

Assuming you are in contact with her, ask her to quitclaim her share to you, and then you can do whatever you want with it. Tell her if she doesn't, you plan to quitclaim it to her, and leave all the bills to her (the point isn't whether you really can do so, but to give her the sense that she has a choice).

Otherwise talk to the management company about what has to happen before they can act to declare the property abandoned and take ownership themselves. I'm sure you're not the first owner ever to be in this situation, and won't be the last.

 

[vckempson]

You don't own half. You jointly own the whole membership, and ou are jointly liable for the whole bill.

.

+1. That is spot on. Any thoughts to the contrary are inaccurate and a waste of time.

 

[ronparise]

Your question, begs the question...Why didnt this come up in the divorce..or perhaps it did in a general way...ie "all other property" or any other debt"

You may not be able to contact your former partner, but, your lawyer, may be able to contact their lawyer

 

[Roman]

Your question, begs the question...Why didnt this come up in the divorce..or perhaps it did in a general way...ie "all other property" or any other debt"

You may not be able to contact your former partner, but, your lawyer, may be able to contact their lawyer

The problem is that she lives in Russia. All quitclaims will require her signiture and "there is so much mess to schedule an appointment with a notary in US consulate" that she just does not care to do this. We now have an opprotunity to sell our timeshare to other people, but even though she does not object she did not even try to do anything in four months. I can hardly believe I can convince her to apply some efforts in this direction since she does not pay any fees and that's it. Looks like the only option for me is either wait until she dies (interesting, how will I get the death confirmation in this case after all these years) or contact a lawyer. But it is completely not clear what the lawyer can do. Contact her? She will just ignore it. Go to the court? She will never appear there. Which decision can I expect to get in this case?
I am still annoying her to go to the notary and sign but... what can you do with the person who just does not care.

 

[T_R_Oglodyte]

The problem is that she lives in Russia. All quitclaims will require her signiture and "there is so much mess to schedule an appointment with a notary in US consulate" that she just does not care to do this. We now have an opprotunity to sell our timeshare to other people, but even though she does not object she did not even try to do anything in four months. I can hardly believe I can convince her to apply some efforts in this direction since she does not pay any fees and that's it. Looks like the only option for me is either wait until she dies (interesting, how will I get the death confirmation in this case after all these years) or contact a lawyer. But it is completely not clear what the lawyer can do. Contact her? She will just ignore it. Go to the court? She will never appear there. Which decision can I expect to get in this case?
I am still annoying her to go to the notary and sign but... what can you do with the person who just does not care.

I suggest you first contact a divorce attorney for some consultation - perhaps the attorney who handled your divorce.

I suspect it may be necessary to go back to court to get an amended divorce decree.

 

[rrlongwell]

I suggest you first contact a divorce attorney for some consultation - perhaps the attorney who handled your divorce.

I suspect it may be necessary to go back to court to get an amended divorce decree.

Or just get a court order to sell the time share.

 

[Ridewithme38]

Good catch Ride, if it was a platium account ....

I'm still hoping you'll write me in your will rrlongwell so i can inherit your Platinum membership!

 

[Roman]

Or just get a court order to sell the time share.

What is it?

We divorced in Russia. There is different system there and we had neither divorce attorneis nor any court process.

 

[T_R_Oglodyte]

What is it?

We divorced in Russia. There is different system there and we had neither divorce attorneis nor any court process.

I repeat. You need to consult with an attorney experienced in either real estate or family law, or both. You have a legal problem. You need legal advice, not the opinions of a bunch of people you've just encountered on the internet.

I suggest you start with the attorney referral service for your local bar association. Almost all bar associations have such a service in which the participating attorneys will provide an initial consultation of 30 minutes to an hour at a reduced rate. The goal is to assist people to get a general grasp of their situation and what their options are - i.e., for people in almost exactly your situation.

 

[nazclk]

Joint Tenants

What did the divorce settlement say about the timeshare?? If she is out of the country you should find an attorney to advise you on the matter.