Legal Question in Real Estate Law in Illinois

Ownership of vacation timeshare after breakup

Unmarried couple ownes a vacation timeshare jointly.

They breakup. Neither uses the timeshare now or

wants it. They let it be rented to cover fees. He told her

she could sell it, but he does nothing to help and

doesn't help pay for advertising it. It isn't easy to sell at a

price he will agree to. She has offered to sell it to him

with no reply. How can she get out of this contract? If

she offers to sell it to him for a certain price or buy it

from him at that same price, isn't he obligated to do

something? Isn't there something that says one person

can't hold another in a contract that they don't want to be

in?


Asked on 7/02/02, 10:58 am

1 Answer from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: Ownership of vacation timeshare after breakup

My father use to tell me [he was also a lawyer] when you are stuck you stay stuck. And you are stuck. There is no law that can make him do anything. There is nothing that says one person can't hold another in a contract that they don't want to be in. If there is a mortgage on the property maybe you just stop paying and let it be forclosed. Maybe if you stop trying so hard to get out and let some of the pressure fall on "him" he will have more interest in unloading the time share. As you have found out there is no easy solution here and I am fresh out of magic wands.

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Answered on 7/02/02, 11:19 am


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