Legal Question in Real Estate Law in Wisconsin

Time Share Ownership

My first husband and I were divorced in January 2006. We owned a timeshare. I assumed the loan for the timeshare, but the deed was not addressed in the settlement agreement as it was overlooked. My ex-husband is now in bankruptcy and I am remarried. I have paid off the timeshare and have the deed, still in both my and my ex-husband's names. What action should I take at this time to transfer it to my name? I don't want to jeopardize my ownership due to my ex-husband's bankruptcy proceedings. Thank you for your help.


Asked on 12/06/07, 7:23 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Bankruptcy and Time Share Ownership--Sale by Trustee

If your former husband still owned a part of any marital asset, it became a part of his bankruptcy estate once he filed. If it were not claimed as exempt by your �X,� his bankruptcy trustee would therefore have the option of selling his � interest in such an asset if the trustee felt that a sale were worth the trouble. Since timeshares often have little or no retail value, it is an open question whether or not it would be worth his trouble to do all the paperwork required for a sale. If not, however, this might be a golden opportunity for you to obtain clear title to the timeshare by buying the interest of your "X" from the trustee, possibly for a rather nominal amount. You should also be aware that either way, you are obligated to disclose the existence of this asset to the trustee or face possible federal charges yourself for the bankruptcy crime of concealing assets from the trustee. All that being said, I do not have enough information to answer your question. My above suggestions are mere speculation based upon the few facts which you have provided and are not intended as legal advice for you. You should therefore consult with your own professional before acting upon any steps which I may have mentioned.

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Answered on 12/18/07, 3:45 pm


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