Time share sale

[redsebring]

What is the name of your state (only U.S. law)?
California

I have been divorced for 8 years and the judge gave 50/50 ownership of our deeded Hilton timeshare.

I now wish to sell, but my ex-wife does not.
This timeshare operates on a points system and has escalating annual fees. 10 years ago they began at $395 and are presently $951.
This would buy a lot of hotel nights.
I offered to buy my ex wife out ( in order to sell it myself) and she refused.
I offered her to buy me out and she refused.
I offered her to sell it and split the proceeds 50/50.

Is there anyway I can legally get her to sell?

thank you

 

[CourtClerk]

What is the exact wording of the portion of the order that deals with the timeshare?

 

[latigo]

Whoever represented you in the divorce did a lousy, shortsighted job!

Because by allowing the divorce court to do nothing more than to split the ownership of the timeshare down the middle (which is all that you’ve told us 50/50) it created a tenancy in common. The worst possible way to hold title to anything, chattels or an interest in land.

You can sell your equal undivided half interest in the timeshare to anyone foolish enough to buy it. And she could do likewise, but neither can force the other to sell or purchase the others interest. Plus, each co-owner has equal rights of possession. And I don’t think that is what either of you had in mind.

What you could do is to hire an attorney and petition the appropriate court to partition the timeshare. If the divorce court didn’t specify a division of use of the of the timeshare, you could request that it be so divided by partition. Otherwise, the court can only order the thing sold at a sheriff’s auction.