Timeshare Ownership: How to Split a Timeshare in a Divorce

In splitting a timeshare ownership in the event of a divorce, you have to be aware of a few crucial factors. From the outset, just a few potential things to consider are the kind of timeshare (for instance, deeded or points-based timeshare) you are dealing with; how the timeshare is treated from a legal perspective (in example, is it a property or a subscription?); and who wants or does not want ownership of it. You will be navigating some choppy waters if you split a timeshare in a divorce, so read this guide to better familiarize yourself with the process.

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What Not to Do
A notorious example of what not to do regarding a timeshare ownership in the case of a divorce is to simply forget about it because of all the chaos in a divorce. This is the worst thing you can do and will subject you to more complications in addition to the underlying headache of figuring out how to divide the timeshare (or whatever you choose to do with it) in a divorce. If you neglect to remember your timeshare, you may have a lawsuit filed against you by the resort, and this will hurt you even further by affecting your credit score and credit history in a bad way.
Division of Marital Property
In the divorce proceedings, a timeshare is commonly regarded as property, even if it is something you only visit a couple of times (if that much) a year. As the divorce process entails the splitting up of property between the two parties, it is only natural to have the ownership of a timeshare come up in said proceedings. A possibility that could occur is that one party gets awarded outright the right to own or retain the timeshare through a court order. In that case, the party that had the timeshare awarded to them can petition a court to make their ex execute a release of deed from his or her name in the timeshare. This will theoretically eliminate any future problems with regards to ownership of the timeshare and subsequent decisions that need to be made about the timeshare.
Ex May Obstruct Process
Sometimes, though, if a divorce is quite acrimonious and the parties are still quite bitter with each other, an ex may, out of spite, refuse to cooperate with you and not sign, in example, a quit claim deed that is necessary for you to finalize your exclusive ownership of the timeshare, even if it was awarded to you in proceedings. There are two ways you can handle this. You can be polite and directly petition your ex to sign the papers as that would save money and time. This is banking on the hope that your ex is tired of fighting. If that approach fails, then you may be able to--depending on various states' laws--get a supplemental order from a court, which empowers you to register the court judgment in lieu of the quit claim deed. This way, you can get around the stubborn ex refusing to comply.