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Making changes to a divorce settlement

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redsebring

Junior Member
Hello, I live in California and have been divorced for over 8 years now. In the divorce the judge granted my ex wife and I 50/50 ownership of our Hilton Grand Vacations Timeshare.
I wish to sell it and my ex wife does not( the annual fees have risen from $400 to $1000. I understand I can petition the court to proceed with a Partition Action in order to make her sell.
I would like to know how to do this. What paperwork do I need and can I do this by myself?
Also, what are the odds that the courts will grant this action? What do I have to present in order to have the judge agree to order my ex wife to sell?

I would split the proceeds equally with my ex. The annual fee combined with the fact that it is nearly impossible to reserve the location at the time desired (The timeshare has opened the units for rent to the public!) makes this a particularly unnatractive option, especially with hotels going for so cheap.

Thank you for your time.

Dan
 


LdiJ

Senior Member
Hello, I live in California and have been divorced for over 8 years now. In the divorce the judge granted my ex wife and I 50/50 ownership of our Hilton Grand Vacations Timeshare.
I wish to sell it and my ex wife does not( the annual fees have risen from $400 to $1000. I understand I can petition the court to proceed with a Partition Action in order to make her sell.
I would like to know how to do this. What paperwork do I need and can I do this by myself?
Also, what are the odds that the courts will grant this action? What do I have to present in order to have the judge agree to order my ex wife to sell?

I would split the proceeds equally with my ex. The annual fee combined with the fact that it is nearly impossible to reserve the location at the time desired (The timeshare has opened the units for rent to the public!) makes this a particularly unnatractive option, especially with hotels going for so cheap.

Thank you for your time.

Dan
Are you still making payments on the timeshare?

I ask because, in general, if you sell a timeshare you often end up selling it for pennies on the dollar. The resale market for timeshares is more than a bit dismal...particularly with such a high annual fee.
 

mistoffolees

Senior Member
Hello, I live in California and have been divorced for over 8 years now. In the divorce the judge granted my ex wife and I 50/50 ownership of our Hilton Grand Vacations Timeshare.
I wish to sell it and my ex wife does not( the annual fees have risen from $400 to $1000. I understand I can petition the court to proceed with a Partition Action in order to make her sell.
I would like to know how to do this. What paperwork do I need and can I do this by myself?
Also, what are the odds that the courts will grant this action? What do I have to present in order to have the judge agree to order my ex wife to sell?

I would split the proceeds equally with my ex. The annual fee combined with the fact that it is nearly impossible to reserve the location at the time desired (The timeshare has opened the units for rent to the public!) makes this a particularly unnatractive option, especially with hotels going for so cheap.

Thank you for your time.

Dan
First find out if the value is greater than the legal expense to force a sale. In most cases, timeshare values are much lower than you expect (and a tiny fraction of what the timeshare company says they should be worth. Look on eBay or other sites to see what they're actually selling for. You may well decide that it makes more sense for you to simply give her your share than to pay the legal expense to force a sale.

Of course, just giving her your share isn't enough - you have to register that with the time share company and your ex probably has to agree to it, so she must be willing (and able) to take on 100% of the fees.
 

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