How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
Type Your Business Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

My wife bought a time share with her ex husband in 2002. They

This answer was rated:

My wife bought a time share with her ex husband in 2002. They divorced in 2005 and the divorce decree says that the ex husband received the time share. I don't think he has paid on it since 2005 and he has gone through bankruptcy as well. In 2009 I attempted to make a settlement but the ex husband would not cooperate or sign anything so I did not pay the timeshare company anything. My wife doesn't receive any attempts to collect this debt but it continually shows up in her credit reports even though it has been 8 years. What can be done to remove this from her credit reports? Shouldn't it go away automatically after 7 years?

Have you attempted to remove her from the time share by taking the divorce decree to the time share and showing them that your wife has been removed?
Customer: replied 3 years ago.

I have done this and I was not successful. They basically said that they were both responsible for the debt regardless of who received the timeshare in the divorce decree.

The only way you can force the time share company to remove her from the debt is to obtain an order from a court that has jurisdiction over the time share company.

Is the time share company located in the same state which granted the divorce?
Customer: replied 3 years ago.

The timeshare company is in a different state. Will this debt show up in her credit report forever or is there a limit?

So what you would have to do is go to a court in the state where the time share is with the divorce decree and ask for a declaratory judgment from a court there that your wife is no longer liable for the debt. This would be a big hassle and probably very expensive.

The debt will show up for 7 years on the credit report if it remains unpaid for 7 years.

If any payment is made during the 7 year period, it resets the period.
TexLaw and 7 other Business Law Specialists are ready to help you