Legal Question in Credit and Debt Law in Wisconsin

Timeshare obligations after divorce?

My husband and his ex-wife owned two timeshare condos and each was awarded one in the divorce decree. The ex has not paid on her timeshare, and it has gone into foreclosure. My husband filed a quit-claim deed for the property. However, we are being hounded by the collectors for the back fees owed on this property.

I have explained that we do not own this property and therefore have no obligation to pay the debt incurred after the divorce. They are telling me we're wrong and that we are legally liable for the debt.

Who is right? If the ex was awarded this in the divorce, why would we still be liable for a property we don't own and have no others rights to? Help!!!


Asked on 10/16/03, 6:06 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Timeshare obligations after divorce?

Hello,

You need to consult with a lawyer in person to sort this out. In general, what you are up against is that the timeshare company was not a party to the divorce action. That was between your husband and ex-wife. Between the two of them she owns it and the debt, but that is just between the two of you. The creditor never agreed to take your husband off. If your husband lets it go into foreclosure at least that should end his obligations, and if he has to pay something, his ex-wife will owe it to him via the divorce judgement. Collecting it from her will be the challenge. These are just my impressions based on the little facts that I have. You cannot rely on this as legal counsel. You have to retain an attorney to get that kind of advice. Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 10/16/03, 6:34 pm


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