14 Dec My ex and I are fighting over timeshares. What can I do?

Q. My ex-husband and I owned timeshares in Florida. We got divorced five years ago but during the divorce, he decided to pass the timeshares over to me solely. But he never removed his name from the deed, thereby showing him still the primary owner of timeshares. I never received correspondence or bills from the company. He would get them, and it would take him a year or more before forwarding me the bills. Recently he told me that the late payments were “hurting his credit.” I called the company but they would not talk to me. I recently responded that he was in violation of the divorce agreement and I would not make payments until he removed his name from the deed by filing a Quit Claim Deed. He argues he has a vested interest in the property. I don’t feel I should have to pay for the filing of the Quit Claim Deed, and I feel that because legally his name is still on the deed that he should be responsible for half the fees incurred. I’m unable to afford an attorney in regards to this matter.
— Annoyed and then some

A. You may need to go back to court.

Given that your divorce agreement says you get the timeshares, the court would enforce the agreement.

The court would also require your ex-husband to execute any and all documents necessary to transfer his interest in the timeshare to you, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.

“The court would also likely obligate you to be solely responsible for all the costs associated with the timeshare as of the execution of the divorce agreement as it was awarded to you as part of your divorce agreement,” she said. “For the period of time prior to when you signed the divorce agreement, the court would likely maintain the status quo and require payments to be made towards the timeshare consistent with how they were being paid during your marriage.”

If you would like to try to avoid going back to court to enforce the agreement, another possibility is to try to deal with the timeshare company directly, Lawrence said. You can send them your divorce agreement and see if it will send you the documents needed to for the transfer.

“It is likely you are going to need your ex-husband‘s cooperation in some regard to finalize the transfer but perhaps the timeshare company is willing to work with you so that you can become the sole owner of the timeshare without his cooperation,” she said. “If they are not so willing, and he refuses to cooperate, court is another option.”

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This story was originally published on Dec. 14, 2021.

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