Legal Question in Real Estate Law in California

Re: How can I remove my ex's name from timeshare?

It shoud have been included in the Marriage Settlement Agreement. Contact me directly.

Re: How can I remove my ex's name from timeshare?

Several issues are raised here. The first is whether you are legally entitled to full ownership, either because you have an enforceable marital settlement agreement, or because the divorce decree specifically awards full ownership to you, or maybe both (sometimes the MSA is attached to the decree and made part of it). OK, that's issue #1.

Issue #2 is whether your interests (yours and his) in the timeshare are "of record" or merely contractual. In other words, does your right to use the timeshare arise from a deed that has been recorded, or is it merely the result of a contract with the timeshare operator? Both kinds exist. If your ex has no interest "of record," then a quitclaim is of limited value because there is no real property interest to transfer, only rights under a contract (which is personal property, not real property).

A third possible issue is your ex's current willingness to cooperate, in particular whether he agrees or disputes that you are entitled to become the full owner.

Maybe contacting the property manager would resolve the #2 issue. If not, have a nearby real-estate lawyer look at your paperwork.

When issues 1, 2 and if necessary 3 are resolved, you will know much better what you need to do next.