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quitclaim a co-owned timeshare

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redsebring

Junior Member
I co -own a Timeshare in Orlando,Florida with my ex-wife.
I wish to divest myself of my half and she does not.
A quitclaim deed has been brought to my attention and I wish to pursue this avenue.
My understanding is that I fill out the form,notarize it and send it to the recorder's office with the appropiate fees.
The timeshare is paid and the annual fees are current,so this is not a concern.
Does my ex-wife have to sign (I did not see a line on the deed for her)?
Can she refuse the deed?
Can she quitclaim me afterwards?
In sum,I would appreciate any information regarding this process as I have asked to buy her out or have her buy me out for the same figure. Her answer is no. Donating or selling half a timeshare is nigh impossible.
Thank you ahead of time.What is the name of your state (Florida
)What is the name of your state (only U.S. law)? Florida
 


tranquility

Senior Member
Does my ex-wife have to sign (I did not see a line on the deed for her)?
It depends on who the grantor would be. How is title held?

Can she refuse the deed?
The transfer does not take place until the deed is accepted. Yes, she can refuse.

Can she quitclaim me afterwards?
Yes. I can too. But, you wouldn't have to accept it and the quitclaim would have no legal significance.

Without negotiation, the only possibility is to go to court for a partition lawsuit. Since a quitclaim could be a gift of your entire ownership, why are you negotiating? Just give her the thing. Maybe toss in a little for good luck?
 

redsebring

Junior Member
thank you for your reply

I am attempting to rid myself of the timeshare ( it is in both of our names) but my ex will not work with me. already stated, I have attempted to purchase it from her and offered my half to her ( for the same price).
She said no as she wants to keep it. I have reached deadends in donating and selling ( my half) and now you tell me that she can refuse this quitclaim. Is there no other way to divest myself of this property?

Thanks again for your time.
 

redsebring

Junior Member
Oh, one more item. Florida recorder told me that I can file the deed without her signature. I would then send a copy to my ex. How could she refuse when it is already recorded?
 

tranquility

Senior Member
You can't make people take things they don't want.

You will either need to negotiate OR go to court and get off title with a partition lawsuit.

Since the lawsuit will cost many thousands, I'd negotiate harder.

How about giving her some money to accept the timeshare? (Be sure you can rid your contractual obligations if you get rid of the property.)
 

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