Family Law Questions? Ask a Family Lawyer Online.
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I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
No, small claims courts can't handle this type of case. You have to file what is known as a Partition suit. In that kind of case you ask the court to either order one of you to buy out the other or, if neither of you have the money, then the court orders the property sold. Unfortunately, timeshares aren't easy to sell right now and so you may have a problem selling it. However, that is the only way you can divide the property or get your money.
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Partition suits are extremely difficult so you are probably going to need a lawyer. I don't know of any forms that are online and we're not allowed to draft documents or tell you how to draft them.
The process of a partition lawsuit is essentially the same everywhere, with a few, minor procedural differences.A partition lawsuit generally follows this process:1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct
2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.3) The sheriff will serve the defendant with the lawsuit.4) The defendant will file their answer.5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.6) After that the next step is to set the case for trial.7) During the trial you introduce your evidence and they introduce theirs.8) The judge renders a judgment and a written order is entered.
9) The judge may order that an appraiser perform an appraisal of the property but I doubt that he does that in a timeshare suit.
10) The order will state that either of you can buy the other one out or that the property can be sold and the money divided.That is the basic process involved.
You're very welcome.