Legal Question in Real Estate Law in Indiana

My ex-wife and I have been divorced for 9 years now in January 2011. There is a timeshare that is PAID off and accruing maintenance fee's, that I have been paying now to avoid it hurting my credit. The timeshare is in both of our names and was purchased when we were married and I was the sole income provider. She is currently looking to claim bankruptcy and no longer cares what hits her credit. I have been trying to get my name off the title so that if and when the company, Bluegreen, goes after her for the fee's I will not be affected. Bluegreen has emailed me and told me that she needed to sign off on their paperwork and that I needed to pay the $250 fee to remove my name from the title. I don't care about paying them the money and have told the ex-wife that I will be doing so, here is the issue: She has the title and refuses to sign off on any paperwork and send it to Bluegreen so that my name is removed. Bluegreen cannot do anything to help me. I am at a loss as to what my options are now. This property was not discussed in the divorce decree and all I want is my name off, it is paid off so Bluegreen stated that they must have both signatures to remove my name. I am forced to continue to pay the maintenance fee's because she refuses to allow me to take my name off. Do I file in the courts of Indiana, where we were divorced? And I am also active duty Army and will be stationed in Hawaii as of 4 January 2011 and will not be able to come back and forth to court. I will be in Indiana on leave as of 15 December 2010. Lastly, as far as I know my name was somehow removed from the mortgage when she refinanced, but remained on the title, not sure how. Do I file in Indiana or can I give someone a power of attorney to do so on my behalf? I am currently stationed on Fort Sam Houston in Texas. Thank you for your time and effort.

SFC Martin


Asked on 11/04/10, 7:53 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Contact your attorney from the divorce and find out why no provisions were made for this. You can not give someone a power of attorney to practice law for you; they would still need to contact a lawyer. Your name did not come off the mortgage without a companion change of the deed; no bank would do that.

Read more
Answered on 11/10/10, 11:09 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana