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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34363
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband and I bought a timeshare before we were married,

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My husband and I bought a timeshare before we were married, the title is in both our names. We divorced 7 years ago but kept ownership of the timeshare together. We split the cost of the annual maintenance fee. Jon passed away five years ago and I continued to pay the annual fees. I never took his name off the title. I recently sold the timeshare, which cost me approx $1,600 to get rid of it. Does Jon's estate have an obligation to reimburse me for the five years of annual fees plus the cost of selling the timeshare?

Thanks,
Amy M. Barkman
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Did you take title to the timeshare as "joint tenants" or as "tenants in common"? (joint tenants is typical)
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Thanks
Barrister
Customer: replied 3 years ago.


Honestly, I have no idea. We purchased the timeshare in Hilton Head NC

Ok, it really would depend entirely on how you took title. But in about 95% of the cases, if it is a couple buying something, they take it as joint tenants. What that means is that if one owner passed, the survivor would take the entire asset as their separate property without having to go through probate.
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If this is the case, and I am betting it is, when your ex passed, you would have instantly become the sole owner of the timeshare and been responsible for all the dues from that point on so you couldn't go after his estate for reimbursement.
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Further, if his estate has been settled and closed, then it would be too late to make a claim against it anyway because there is typically a limited time for creditor claims against an estate of around 6 months or so after the estate is opened.
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So unfortunately, due to the amount of time that has passed, and the high likelihood that it was taken in joint tenancy, I would opine that you wouldn't be able to recover those costs.
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Thanks.

Barrister

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Customer: replied 3 years ago.


Thank you.

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