Legal Question in Real Estate Law in California
Can I legally get my ex wife to sell our 50/50 owned and deeded timeshare? (judge granted co ownership)
The annual fees have risen from $395, 10 years ago, to $951 presently.
The escalating annual fees, difficulty reserving the locale at the time desired has caused me to sour on this vacation choice.
My ex wife will not buy me out, sell to me( I would then sell it) or sell on the open market for a 50/50 split.
do I have any legal recourse? The deed is recorded in florida and operates on a points system. We can go anywhere in the world, but our deed is for a Florida property.
Is a partition Action something that can legal force a sale?
3 Answers from Attorneys
If this is in Florida, you should be asking attorneys there, not here. Yes, you can force a sale and split of profits. Whether you'll get anything out of it after legal fees is a question for you to determine.
Partition is the right general category to be thinking.........but Florida law likely differs in the particulars as to how it's done there. In California, either co-owned real property or personal property is subject to partition. Be sure the divorce settlement agreement or decree doesn't say anything that restricts your right to partition. Also, as Mr. Nelson points out, do a little economic analysis to see if a suit is worth it, financially.
If both you and your wife are still subject to the jurisdiction of the California courts, i.e., if the court in its judgment retained jurisdiction to enforce the marital settlement agreement (99% of the time this is what happens), there is no reason to worry about Florida law. Since California has jurisdiction over the owners, its courts have full authority to compel the owners to do or refrain from doing things regarding Florida property. As for the substance of your question, I agree with Mr. Whipple that partition is an option, but an expensive one that calls for some economic analysis as to whether it is worth the time and expense of a partition action. Realistically, what is your 1/2 worth on the open market? If you really just want out of the annual fees, you could always just quitclaim deed your half to her. The other alternative short of a partition action would be to see if your MSA and/or the judgment allows the court to modify the orders. If so, you can go back to Family Court and ask for a modification regarding the time-share (which the Family Court is fairly likely to grant, since they like to avoid creating things for ex's to fight about more). Family Court has broad equitable powers, and could order what essentially amounts to a partition, if it has continuing jurisdiction and if you can persuade the judge that it is the equitable thing to do.