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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33372
Experience:  Began practicing Family Law in 1992
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My ex boyfriend and i purchased a time share while we were

Customer Question

My ex boyfriend and i purchased a time share while we were togethdr. I purchaded this with him due to us looking at being married in near fugure. He broke the relationship. I need my 5000. How best do i get this back. We do not plan to travel togethdr at this time. HELP
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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.

Customer: replied 1 year ago.
Can i take him to small claims court to get my money?
Expert:  JD 1992 replied 1 year ago.

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.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
How do i do a partition suit and do i need a lawyer to do it
Expert:  JD 1992 replied 1 year ago.

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.

Customer: replied 1 year ago.
Thank you. You have answered my question
Expert:  JD 1992 replied 1 year ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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