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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My exhusband and I owned some Timeshare Properties ...

Resolved Question:

My exhusband and I owned some Timeshare Properties together. In the separation agreement it is stated that we will own this jointly until it is sold and we will devide the profits. He has recently refiananced these properties and had deleted by name from the titles. Is this legal? The properties were registered in Horry County, South Carolina.
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

Dear XXXXX XXXXX - It would not be legal for anyone to delete your name from the title to real estate. Anyone performing a title exam would see that you never signed away your rights unless he actually forged a deed. You need to check the current deed to the property to see how your name was deleted.

It may be wise to have a title examination performed and get an opinion of title to insure your rights are protected. If you didn't sign a deed giving up your rights in the property then you still have them regardless of what he did. You just need to get the record straight as to the title so you don't have problems later if he tries to sell to an unsuspecting buyer.

You can also file a motion for contempt with the divorce court for not following the provisions of the decree. This would also protect your rights and become part of the paper trail of any title exam.

David Kennett - JD - Attorney at law

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