Legal Question in Real Estate Law in Wisconsin
stuck in timeshare
I am recently divorced. My ex and I have a time share together. In the divorce decree I relinquished all of my rights. However, I am still paying the monthly bill. I have attempted to contact my ex with no response in return. I keep paying to safeguard my credit. How should I handle this so I don't have to keep making monthly payments on something that I can't even use?
1 Answer from Attorneys
Getting Rid of a Timeshare Loan
You need to discuss this with your divorce attorney--this issue would normally be addressed in your final paperwork. Generally speaking, obligations relating to timeshare interests are dischargeable in bankruptcy (although your divorce decree could change that). Another option is to try to resell the timeshare ownership. However, the resale market for many is virtually nonexistent, depending upon the desirability of the location and season of it. There may be websites and brokers available to assist you with this, however, be careful--brokers who want up front fees are generally unable to sell the item for you (or at least have no confidence in their ability to sell it). Another option might be to see if your seller would take it back. In WI, the Department of Agriculture, Trade and Consumer Protection has sued many timeshare vendors for consumer protection violations and won. Some sellers are under consent decrees requiring them to refund money. You really need to discuss this in person with an experienced real estate lawyer if your divorce lawyer cannot help you.