Legal Question in Real Estate Law in Texas

My boyfriend and I purchased a Timeshare in 2008 and when we split up, he agreed to take it 100% (payments and usage). I have just learned that he has not yet paid this months payment and I suspect he intends to let it go. I do not want this to hurt my credit, nor do I want to take over payments and usage. I know I can not get my name off the 'mortgage' and will most likely be forced to either start paying for it, or let it go back and severely hurt my credit (which I do not want to do, but I cant afford it) Is there anything I can do? He is 'half' responsible, but how do I enforce this? Can I take him to small claims? Any advice will be greatly appreciated. Thanks! -Kathleen


Asked on 7/24/10, 11:23 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

There really isn't much you can do since you signed the note and you are responsible. Timeshares are a BAD deal and there is really no re-sale market. You can take him to small claims court IF you take over payments to save your credit - but if he isn't paying the timeshare, will he pay you? I doubt it. I would chalk this up to experience and try to explain the black mark on your credit when it hurts you.

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Answered on 7/30/10, 6:09 am


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