I got a divorce 10 years ago. I had a time share with my husband. I never made a payment on the property. When we met with the judge for our divorce the judge gave the property to him and said once it was paid he would send me the paper work to remove my name. 10 years later I get a call from the property telling me it was in collection because he has not paid the maintenance fee. She said that the property is paid for Its just the maintenance fee. What do I need to do so that this does not affect my credit?
Country relating to Question: United States
State (if USA): Delaware
Nothing yet do not know what to do?
The maintenance fees on a timeshare are usually very high and that is where these time share companies make money -- so my bet is that the amount owed is probably very high at this point. If your ex-husband has not removed your name then you need to bring him back to the divorce court on a Motion for Contempt of Court for not doing what he was supposed to do back when you were divorced (or shortly thereafter). You will also need an order of the court making him responsible for any maintenance charges that were accrued on the property after the date that he was supposed to remove your name from the timeshare. You would be better off if you can get a family law attorney to take the matter into family court on your behalf but if you are unable to afford an attorney you can check with the clerk's office at the family court where your divorce was heard and see if they have any generic form motions that you can use to sign the matter up against him for contempt of court. Please press the accept or submit button at the bottom of this answer box to make sure that I am paid for my time. THANK YOU !
One more question please? The amount that is owed for the year of back maintenance fees is 910 dollars. Should I pay that since they say it's in collection and I know I won't be able to get a lawyer real quick. I am deployed in Afghanistan and I am only home for 2 weeks for rest and recuperation. I will try to get a lawyer on Monday but I know it won't be resolved over night. I don't want this to effect my credit and effect my security clearance. Please advise
ABsolutely -- and in your case if you can afford to pay it, you should do so in order to keep this off of your credit and cause you any problems. You can ask for it to be returned to you in the Motion for Contempt against your ex husband and when the judge finds out that you were bothered with this while serving your country the judge may be pretty annoyed with your ex husband. My suggestion is that when you do pay this money, if you send a check or money order write in the memo section that you accept no responsibility for future liability as this is the debt of your ex husband. Something short and quick like that. If you wire the money then write the company a letter and briefly explain the situation and tell them that the ONLY reason you are paying it is because you do not want any problems and that the timeshare is supposed to be the responsibility of your ex husband and as soon as you are able to you will take the matter back into the family court against him to straighten this out.
I wish you the best and thank you for your service (my brother was a 15 year air force man and my dad and uncles were all in WWII). God Bless.
15 years exp all aspects of general law
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