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  1. #1
    Join Date
    Apr 2018
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    1

    Default What to Do About Default on a Mutually Owned Property Following Divorce

    My question is in regards to timeshare property owned via a mutual contract between myself and my ex husband. All child support is paid, arrears, etc. So I was wondering if this even has a place in family court anymore or is it more of a different area? We agreed on alternating years as long as both parties continued to make payments and pay yearly dues. He has not paid his dues in years but continues to use the timeshare. I really cannot afford a retainer right now and was hoping I could maneuver this on my own or at least start researching to become more informed, just not even sure where to look.
    Any advice would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    97,262

    Default Re: What to Do About Default on a Mutually Owned Property Following Divorce

    If your divorce judgment requires that you pay for the time share in alternating years, you can petition the divorce court to enforce the judgment and seek reimbursement of your payment for his share of the costs. Depending upon how long ago the judgment was entered and how long you have been paying the full cost of the time share, you may have issues enforcing the judgment or collecting the full amount you have paid on his behalf.

    What is it that you hope to accomplish? For example, if you want to acquire the timeshare from your ex-, have you asked your ex- if he'll transfer it to you in exchange for your history of payment or for a mutually agreeable amount of money? If you want to sell the timeshare, have you asked your ex- if he wants to buy it from you (or accept transfer from you) or if he will agree to your investigating your options to sell?

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