Timeshare

[cdd1204]

What is the name of your state? North Carolina

My husband and his ex-wife still own interest in two timeshares (one in Florida the other in Washington DC) which they own as tenants in common. Doesn't this fact make them equally responsible for the maintenance fees and taxes without any other type of agreement to pay? She is trying to take him to Court in North Carolina to separate them (actually she is the one stalling signing the quit claim deeds for each to take one because she owes him $2500 in back maintenance fees and taxes she neglected to pay but still continued to use the timeshares.) I also wouldn't think that a North Carolina court would have jurisdiction to order these two to separate them. Her complaint is asking for the court for a Declaratory Judgment to separate them.What is the name of your state?

 

[divgradcurl]

Doesn't this fact make them equally responsible for the maintenance fees and taxes without any other type of agreement to pay?

Generally yes, but a divorce court can decide otherwise depending on all of the facts of the situation.

She is trying to take him to Court in North Carolina to separate them (actually she is the one stalling signing the quit claim deeds for each to take one because she owes him $2500 in back maintenance fees and taxes she neglected to pay but still continued to use the timeshares.)

Not sure what you are getting at here.

I also wouldn't think that a North Carolina court would have jurisdiction to order these two to separate them.

If the NC court has jurisdiction over the divorce, then the court can order whatever it needs to. A NC court cannot compel another state to do anything, so the NC court could not compel, for example, the recorder in Florida to file a new deed or anything -- but the NC court, assuming it has jurisdcition over the divorce, could order your husband and his ex-wife to file a quit-claim or whatever, and should one or the other fail to do so, bring contempt charges against the failing party.

A NC court may not be able to directly affect real property in another state, but it can order the owners of the property to do something about the real property.

 

[cdd1204]

Ok, I should have clarified. They divorced in 1999, moved back in together from Jan 2000 - May 2005. Purchased the timeshares during the time they only lived together so the divorce court doesn't have any jurisdiction. My question is if the two of them own the property as tenants in common, doesn't that make them equally responsible for the maintenance fees and taxes? She seems to think (and so does her lawyer) that it doesn't and I cannot find any cases that support it but maybe I am using the right terminology to search. Please help!

 

[divgradcurl]

My question is if the two of them own the property as tenants in common, doesn't that make them equally responsible for the maintenance fees and taxes?

Generally yes, but if there were any other agreements, or anything like that, that could change the "generally yes" to something else.

They divorced in 1999, moved back in together from Jan 2000 - May 2005. Purchased the timeshares during the time they only lived together so the divorce court doesn't have any jurisdiction.

Okay. But if both parties still live in NC, the courts have personal jurisdiction over them anyway, and a court could still order that the parties do something to divide up ownership of the properties.