I was divorced over 20 years ago and was ďstuckĒ with a timeshare that was in both of our names. The divorce papers stated that my husband had to file a quit claim and that I would be responsible for paying it off. I have Ė he didnít. When I needed to do something with the property years ago, I discovered he never filed the quit claim. I took some papers for him to sign in the absence of the quit claim and he made a citizenís arrest, indicating I violated a restraining order that never existed. The charges were dropped by the court. My attorney had told me that I could sue my ex for false arrest and also because the divorce papers indicated that he needed to cooperate on such matters that his cooperation was necessary. I was moving out of state and was just glad to be moving on so I didnít take any action. Now, I am selling the time-share and I need his signature on the papers. I have left phone msgs asking him to return my calls, but he hasnít. I live in TX; he lives in CA. I could just go ahead and send them certified mail, but I donít believe he will do anything with them but throw them away. After over 20 years, I hate feeling like Iím being held prisoner to a bitter, vindictive man and I need for this transaction to go through. Where do I start and can I sue him for delaying the process if he continues with this behavior? I have to continue to pay maintenance fees until the sale goes through. Also, I do have a quit claim that he eventually filled out but, like another reader had indicated, it was returned to me because it was not filled out correctly. I tried to get him to correct it and he wouldnít. Also, is it possible that I could just send a copy of the quit claim in with the sale paperwork and that it would be accepted?
Thank you for any assistance in leading me in the right direction.
1 Answer from Attorneys
Unfortunately, it seems clear you are never going to get through to this guy without hauling him back into court, or at least having that be the alternative to doing what he is supposed to do. You will need to hire a California lawyer. If there are no facts you have left out, and everything you have described can be proved, there is a very good chance he will be ordered to pay your attorneys fees in the end. If your original divorce was in any of the Greater San Francisco Bay Area counties, including the delta counties and Sacramento, I would be happy to assist you.
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