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My ex husband and I owned a time share together and it was…

Customer Question
My ex husband and...

My ex husband and I owned a time share together and it was awarded to him in our divorce in 2007. I just received a collection notice for the unpaid fees. Am I liable for this. How to I protect myself moving forward?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

The time share is in Florida. I live in washington state

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I have a feeling I’m going to need one

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No other than the time share was owned outright and my exhusband was awarded it

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/9/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,344
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 7 months ago
Ok thank you
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am sorry to read about your difficulties.

If the timeshare was awarded to him during the divorce, why did you not do a deed transfer to remove your name from the timeshare? Your name is ***** ***** the timeshare. That's why you are receiving notice of the unpaid fees. You need to get your ex-husband to do a new deed with both you transferring the timeshare to his name only making him solely responsible for the fees. After that, you should not receive any more notice from the timeshare company.

You should also contact him about the unpaid fees and tell him to pay the fees. Otherwise, you need to take the matter to Court. The divorce decree is not binding on a third party, like the timeshare company. As far as the company is considered, both of you are still jointly and severally liable for the fees. So, the company can send unpaid fee notice to you or to him.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 7 months ago
I was not aware this was something I needed to do. Ignorance I suppose. He has moved out of country. There has to be a way to take care of this legally. He will not cooperate with me.
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Thank you for the information.

Unfortunately, there is no way to transfer the deed out of your name without your ex-husband's signature. Also, because he is out of the country, there is no way the Court can force him to come back in order to sign the new deed. However, I will opt out to see if another Attorney has additional information.

Best wishes,

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Lawyer: KLAW, Lawyer replied 7 months ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,356
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
I’m another legal expert attorney. Another option would be to contact the time share company by letter, with an attorney would be stronger and probably have better results. You should inform the time share company that under your divorce decree and order your ex was awarded the time share in 2007 and that you are no longer legally responsible for the time share per the court’s order. You should attach a copy of the divorce order in Support. As my colleague stated another option would be to have him put the time share in his name by a deed transfer, but that doesn’t sound possible.I hope this clarifies further. Please don’t forget to rate the question with stars
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