Timeshare question. Thanks in advance

[GeddyGod]

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

My Girlfriend of about a year now was in as long term relationship that ended about 2 years ago (a year before we met). They had purchased a time share thing and have been splitting the payments. Actually the payments come off of her credit card and he has been giving her half. The timeshare is in both of their names. He made his payment today or yesterday, but sent an email along with it saying that he is broke, no longer cares about his credit and this will be his last payment. Of course my gf freaked out, but I stopped her before she could reply to the email. I'm sure that its not something that he can do, so I told her to calm down and we'll deal with it.
My first stop was here and I'm very anxious to get some advice and hopefully reassurance that we have a course of action that we can take. I've been a good boy and have stayed out of it, but now I have to take care of and help my girlfriend. ANY info or thoughts would be greatly appreciated, so dont be shy.

 

[John_DFW]

What does the contract say?

Are both parties on the contract, or only one?

 

[GeddyGod]

Both parties are listed on the contract. The monthly payment is taken from my girlfriends credit card every month which amounts to $240.00 and he pays her $120. He normally tranfers it from his account to hers, so there's a long record of those transactions taking place.
To my knowledge..he admits to everything. He knows that he is on the hook for $120 a month, which is half the total bill once it's all paid off. He knows that it would adversly effect his credit, but is to the point now where he just doesnt care.
My girlfriend doesnt wont her credit to be hurt, so she doesnt see anyway around paying the full $240. The timeshare was a mistake (like most are I would assume), so she's not thrilled about the half that she has to pay and definitely doesnt wanna double her payment, just because he no longer feels like paying.

 

[justalayman]

If she is concerned about her credit, about all she can do is make the full payment. She can then sue her ex for his share of the payments. If he doesn't have any money, it will be difficult to collect on a judgment.

 

[GeddyGod]

I told her that there is a few weeks before the next payment has to be made. I told her that we could come up with a gameplan, but maybe he was just having a bad day. If he winds up paying than we'd rather just that happen.
Few things.

#1 Is there any legal action that is possible now? Or at least once he fails to honor his share of the contract?

#2 If she winds up paying the entire share over the next 5 years, since his name would still be on it...he would then be able to use the time share whenever he wanted too.

Its a bad situation all around. It is a contract. Would the oral contract between the two be enough for legal action? She has records of him making bank transfers for his half of the monthly payment. Plus the fact that his name is on the contract itself. So...i would assume that in court there would be no problem proving those 2 points and sue him for the remainder of his share all at once? Is that even possible? Lastly, you mentioned that if he is having money problems, it will be difficult collecting the settlement. Thats understandable, but I just think I'm naive with this stuff. How does that work? Person A sues Person B and is awarded $5,000. Person B doesnt have any money. What happens then?

I'm sure there are much more interesting questions and this looks like a well represented forum, so I appreciate you guys putting up with me. Thank you all for your help so far and in advance for what comes next.

 

[tranquility]

#1 Is there any legal action that is possible now? Or at least once he fails to honor his share of the contract?

There is no legal action available now. Only when there is a breach (Or, anticipatory breach and the procedure followed.) will there be a cause of action. But, what "contract" does the OP want to sue upon? The timeshare contract is all written and puts out the responsibility between the parties. However the "contract" to pay is a different one from the contract to purchase the timeshare.

Since I will assume the timeshare contract is for longer than a year, the "contract" to pay MUST be in writing per the Statute of Frauds. Unless something has taken it out from the statute (part performance?), there is no contract which can be enforced unless it is signed by the party to be charged. Do you have a contract to pay signed by the ex?

#2 If she winds up paying the entire share over the next 5 years, since his name would still be on it...he would then be able to use the time share whenever he wanted too.

Yup. All owners have a right to possession (unless the timeshare contract says differently).

Its a bad situation all around. It is a contract. Would the oral contract between the two be enough for legal action?

Very bad. The timeshare alone, notwithstanding the lack of a writing expressing the agreement. Unless the contract COULD be performed in a year or was otherwise removed from the Statute of Frauds, you don't have an enforceable contract. Maybe some estoppel or quasi-contractual claim.

She has records of him making bank transfers for his half of the monthly payment. Plus the fact that his name is on the contract itself. So...i would assume that in court there would be no problem proving those 2 points and sue him for the remainder of his share all at once?

Any records past a year from purchase might be useful in an argument for partial performance and taking the contract out of the statute. I've already went through the "contract itself" issue. We have two contracts here. One for the property and one between the owners on how to pay for it. I would guess it would take hours of work to get the "records of him making bank transfers" submitted into evidence in grown up court. Start studying if no attorney will be involved. The "remainder of his share" would not be due until it was due, even if the court found the ex liable. Well, unless you have an acceleration clause in the contract. Is that a part of the oral contract being purported?

Because of some of the issues here, only with an attorney can the OP be successful. There are too many problems to just think they can walk into court and out with a win. Maybe something can be done for a part of the money, but, even that would take some fancy arguing.

 

[John_DFW]

You may also want to consider selling or giving away the timeshare, however that will require both parties to the contract to agree to do so.