Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I was divorced over 20 years ago and was stuck 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 and he didn’t. 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 citizen’s 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 didn’t take any action. Now, I am selling the time-share and I need his signature on the papers. I have left phone messages asking him to return my calls, but he hasn’t. I live in Texas; he lives in California. I could
just go ahead and send them certified mail, but I don’t believe he will do anything with them but throw them away. After over 20 years, I hate feeling like I’m 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 wouldn’t. 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?
Any advice you could provide would be greatly appreciated!’
If your divorce attorney told you that your ex needs to cooperate,
that’s probably correct. Ultimately, a court would probably force him
to do so (or do it for him), but that could be a relatively long and
expensive process.
I would start by talking to the timeshare people and asking them what
they need to complete the transaction. If they need his signature on
something, get it drafted and send it to him. Yes, he will probably
ignore you, but it’s worth a shot and if he does ignore it that will
help you in court later.
