I co-own a timeshare in Mexico with an ex-boyfriend. I want to sell because I haven't used the property for years. Same ex-boyfriend owes me $15K. Can I force the sale of the timeshare in Mexico and legally get his proceeds for the money he owes me? There is a signed agreement that if he doesn't pay me the $15K, I can put a lien on his primary residence.
2 Answers from Attorneys
You may file a motion for partition at least in the United States regarding a property that is held jointly by two people. I would caution you that before you put all of your eggs in one basket and go after the timeshare, that you would be better suited to put a lien on his primary residence. Timeshares are notoriously worthless in this economy. You can buy and sell a timeshare almost anywhere else for 1500. If you need further information or have any further concerns or questions, please feel free to contact our offices. We would also be able to help you with a partition action. 203.870.6700
Without having any additional information, my guess is that you could sue him for a breach of contract on the 15K although I don't know why he owes you that money. As far as the timeshare, I'm not so sure Rosenberg is correct. You may not be able to file a partition action on property located out of the country. I would have to research that issue.
You can sue him on the signed agreement that gives you a lien on his primary residence. That's the easy part.
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