Legal Question in Real Estate Law in Arizona
Timeshare Joint Ownership
My wife owns a timeshare with her former boyfriend. We would obviously like to resolve the relationship of joint ownership. My wife put down $10,000 of her own money to purchase this property, so we have a stake in trying to obtain sole ownership. The original agreement between her and her former boyfriend were that they would alternate years for the dues and use. The dues on the timshare are $500 a year. Of the past four years, he has paid this once.
We would really like to ''step up'' resolving this matter and would like to know how we should do that. We were thinking about asking him to sign a quit-claim deed. In the case that he is unresponsive (as he has been in the past), what should we do to try getting a resolution?
1 Answer from Attorneys
Re: Timeshare Joint Ownership
You could file a partition action in the court, but may have to do it in the state where the resort is located which has the deeded time share. (Ignore the fact that you can bank the timeshare and vacation elsewhere.) Problem--you need a lawyer for this type of technical case, and typically each side pays their own costs and attorneys fees in a partition action. See a real estate lawyer.
Good luck. This is another example of the fact that it is unwise to buy property with a person who is not committed enough to marry. After a cessation of the "relationship" there is so much difficulty in resolving jointly held property issues.
Good luck.
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