Full question:
I have a timeshare that has my name as well as my ex-wife's as husband and wife on the deed. This property was not discussed or divided in the divorce. I have been paying the yearly maintenance fees since the divorce in 2001. If I sell this does she have to sign any docs and is she entitled to any proceeds?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: Missouri
Answer:
When two people own property as joint tenants, both must sign any documents to sell or transfer the property. In your case, since the timeshare deed lists both you and your ex-wife as owners, she will need to sign the documents for the sale to be valid.
Regarding proceeds from the sale, since the property was not divided in your divorce, your ex-wife may be entitled to a share of the proceeds. This is because both of you have an equal interest in the property, and her rights to the property remain intact unless a court order states otherwise.
If you want to sell the timeshare, it's advisable to consult with a legal professional to ensure that all necessary steps are taken and to clarify any obligations regarding the proceeds.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.