Legal Question in Real Estate Law in California

Re: Forms for Timeshare Deed

I have been a lawyer for a long time, but I never handled a time share matter.

However, I found an instructional website for you, and hopefully you can find your answers here. Otherwise, please wait for another lawyer to help you with your answershttp://www.tug2.net/advice/Transfer.htm

Re: Forms for Timeshare Deed

I have a friend who was given a timeshare years ago. When I asked how she did it, she said "we just went through the time share company."

You didn't mention whether the property is physically in California, or even in the United States. I will for now assume it's in California.

Since July, 2005, California timeshare projects are rather tightly regulated under the Vacation Ownership and Time-Share Act of 2004, which is codified in the Business and Professions Code as sections 11210 through 11288. This is about 34 pages of very fine print! Although I'm not an expert in this area, nor did I read all 34 pages, I notice first off that there are two kinds of timeshare: contractual or use timeshares, and freehold estate timeshares. If yours is the former type, there is probably nothing to deed, because the owner's rights arise from a contract and do not amount to an estate in land.

Even if the timeshare is of the latter kind and includes a cognizable estate in real property, it is probably so tied up in related contracts that an attempt to transfer it by deed would run afoul of contract provisions.

If working through the time share operator isn't attractive, maybe you could contact a title company that operates in the county where the property is situated and ask if they could document the deal for you, for a modest fee.

If there is anything to record, i.e. any interest in real property, the deed or other instrument would properly be recorded in the county where the property is situated.

There are companies that make a business of time-share resales. They might be willing to assist, but keep in mind when asking that they are in business to earn commissions from resales, not to give free advice.