Legal Question in Family Law in Illinois

Timeshare property in divorce settlement

Could you please explain what the options are if you jointly have a loan to purchase a timeshare and your divorce settlement says that the property must be sold and all costs are to be divided equally - But you cannot afford to continue to make your half of the timeshare payments and your ex-spouse refuses to pay half of the expenses for selling it. I want to stop making payments and let them repossess it but the ex wants to continue to pay her half of the monthly payment and is now taking me to court on a rule to show cause to make me pay my half. I don't have the money now that we are no longer together. I don't know how to defend myself in court (May 16, 2006). I know that I am court ordered to pay my half of the installments - what do you do if you can't and you only own half of something. She refuses to foreclose on it and refuses to get a loan to purchase it on her own. I have tried to sell the timeshare on the internet and in the paper, without any help from her. She has banked the hours, since it hasn't been used in two years, without consulting me. Can I force it into foreclosure? Can the judge stop that? Six years left on this loan and no desire to use the timeshare. Please advise me before my day in court.Thank You.


Asked on 5/01/06, 8:55 pm

2 Answers from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Timeshare property in divorce settlement

Hello. First of all, you need time to respond

to your ex's petition for rule to show cause. This is certainly a time to hire a lawyer for that purpose. In my opinion, based upon the

facts that you have provided, your best option

is to file a motion to modify the terms of

the judgment with regard to the time share

issue. Clearly, you cannot comply with the

financial terms of the court order, if you don't

have the money. In many instances, a judge will

be sympathetic and work out a dispute, but the

proper motion needs to be filed to set the stage

for negotiating. I will be happy to answer

any additional questions you may have.

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Answered on 5/02/06, 4:09 am
Amil Alkass LAVELLE LAW, LTD

Re: Timeshare property in divorce settlement

You need to contact an attorney experienced in family disputes.

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Answered on 5/02/06, 9:35 am


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