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  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Question Giving Up a Share of a Time Share Awarded in Divorce

    My question involves a marriage in the state of: Illinois

    I was divorced in November of 2010. In the divorce decree- my ex-husband has our timeshare on the odd years and I have it on the even years. The timeshare is paid for and we share monthly maintenance fees.

    I remarried a year ago and have no opportunity to use the timeshare with my new husband's schedule nor do we want the timeshare.

    I approached my ex-husband informing him I would like to remove my name from the timeshare- I would pay the legal fees to remove my name.

    I also spoke with the timeshare and they are willing to allow us to give the timeshare back to them- at no cost to them or us. IF my ex-husband does not agree to one of these options- what is my option? He is listed as primary owner and I am secondary. Can he hold me hostage to this timeshare for the rest of my life?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Giving Up a Share of a Time Share Awarded in Divorce

    If you cannot resolve the issue by agreement, you need to take a look at the language of the divorce judgment. There's a good chance that you bound yourself to this arrangement for the long term, despite your change of heart.

    Assuming that you are bound by the judgment, possible approaches that occur to me include, (a) letting your ex- know that you will cease paying your share, and seeing if he brings a contempt action in the divorce court; or (b) filing a motion in the divorce court seeking relief from the agreement -- and for that I suggest working with a lawyer first to assess the odds of success and subsequently to represent you in the court proceedings.

  3. #3
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: Giving Up a Share of a Time Share Awarded in Divorce

    The language of the divorce decree and the timeshare deed matters. There is probably a remedy for you to either go through the family court to revert the property to your ex-husband, along with the duty to pay maintenance fees, or to partition the interests in the timeshare and you can find somebody to buy your interest and relieve you of the maintenance fees. You really need to talk to a lawyer you can advise you based upon Indiana law and the language of those documents.

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