Title to a Timeshares: Removing a Former Spouse

After the purchase of a timeshare, the couple may dissolve the relationship, and this would lead to the need for removal of the former spouse’s name on the contractual documents. To ensure that fewer problems arise for the current owner in all situations that may arise, it is crucial to alter the paperwork through the removal of his or her name.

It is often the case when the individual wants to sell a timeshare that he or she will find that the former spouse’s name is still on the paperwork. Without approval or splitting the proceeds, the individual may need to ensure the name is no longer on the documentation. This may require purchasing the rights to the interest or requesting the former spouse to help remove his or her name. There are agencies available to assist with these issues. Sometimes it requires transferring the rights of the interest in the timeshare to a third party before the name is no longer present in documents of ownership.
The Clear Title
Before sales, transfers or donations of timeshare interest are possible, the individual must possess a clear title for the property. It is generally imperative for the owner to contact the timeshare company. If the person is in distress over the situation, the company or agency may be of assistance. Sometimes the timeshare company or homeowners’ association attached to the building may need to send legal forms that need filing and notarization. The ex-spouse may need to sign away his or her rights to the timeshare interest. Unfortunately, this process is more complicated when the former spouse does not want to help or is actively avoiding signing anything.

Communication with the Timeshare Company
Most changes to a timeshare interest that does not have a deed require communication and continual contact with the timeshare company. Whether this is to book a time for the year, to obtain legal forms or to explain a change in ownership, the individual owner needs to ensure communication is open with the timeshare company. This entity may need a very specific process followed for anyone to detach from the ownership interest in the property. This is often part of the state laws where the property exists. Additionally, the company may need to contact local legal authorities to change the name on the title, deed, or interest contract.
Giving Up the Title
The zero-beneficial situation is to relinquish the ownership of the timeshare interest. If it is so complicated to remove a name from the title or deed, it is possible that giving it up is easier. While this results in a total loss of the property, some consider this method after attempting to contact the company or acquire the rights form a former spouse. If the spouse is no longer living, will not cooperate or is unable to help, giving up the rights or donating the timeshare is an option. Some may consider transferring it or donations to a charity. It is important to consult with a tax professional to determine if there are any potential benefits to donations.
The Lawyer in the Timeshare Title
There are often few options available to someone with a former spouse that owns a timeshare in both names. When all else fails and the person is unwilling to give up, he or she should consult a lawyer. The first meeting requires the details about the transaction and any communication or lack of contact with the appropriate channels. If a company is part of the timeshare deal, any miscommunication or inability to get ahold of anyone with any power is important. The legal representative will need to communicate with the business to determine if any action is necessary.

Additionally, a lawyer may provide other support through contacts with professionals through a referral. Some have the ability or knowledge in clearing off names of titles. This is even possible with a timeshare. Some experts may even have the capability of placing the timeshare for sale. This may require a commission or additional fee. The legal processes often take more time and an additional expense for the owner, but these legal professionals are often the last resort with a higher chance of success when others fail.
Legal Support in the Timeshare Title Change
A lawyer may remain the last resort, but many are important to ensure the transaction is valid and that the title has no other name. Then, the individual may sell or transfer the interest or deed to anyone else.