Adding on a name to the deed?

Nanu57v

The Tooth Fairy had a message here before.
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May 6, 2004
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Hi, my parents are looking into DVC ownership. They can put six people on the deed, so they are thinking themselves, my DH and I, our daugher, and my brother. I think they should just forget our daughter because she'll hopefully have siblings someday, and hopefully my brother will get married. She asked the DVC guy if a sixth name could be added later (no wedding bells in the near future for my brother), and he said 'yes, but there are court fees to refile the title." Anyone know how much we are talking about in fees?
 
$350-$500. I would caution your parents AGAINST adding both you and your husband, and your brother and spouse. If you and DH suddenly hit a bad bump in your marriage, you can all lose the contract. My DD divorced her DH, and the court ordered the contract sold, even though I had been making the payments for several months. It will be safer to just put your parents on the contract, and then you can be an associate member, which will keep the contract safe.
 
The reason my parents were putting us on was so that we could both get the discounts (like $100 off AP), but last night I read that you just have to live in the same house as the member. So my DH would still be able to get the discount, if I understand correctly. What's an associate member, and would I still be eligible for the discounts as one?
 
Disney won't add the name to the deed but you can have it done. If you have a full new closing, it will be $250-450 or so. Regardless, you'll have to get a waiver of ROFR from DVC which they'll gladly give you for family to just add a name If you just want to create a deed or do a quit claim deed then record that along with the waiver yourself, you're talking around $50 or so.

Remember anyone on the deed becomes and owner. And if they have financial difficulty or divorce, DVC will be counted as an asset to them in it's entirety in some cases. Actually anyone on the deed becomes a new household of record. Thus anyone at ANY address that matches the address of ANY owner, becomes eligible for the discounts.

DVC will add names to the computer listing as an associate member, you can now do it by the website. All they have access to is MS, not discounts or blue cards.

Depending on the reason to add the extra names and the situation, one might consider splitting the contact into smaller groups. Say you wanted to buy 250 points. You might buy 150+50+50 (or any combo of 25 or greater). Then just change the ownership of a portion depending on your intent. If it's for perk access, maybe only change a 25-50 points contract. True it becomes two separate contracts at that point but you can always transfer the points to the larger contract and use them together the same as if they were all in one contract. You could add the others as associates to the main contract as well. I'd caution that if you did proceed in this way AND had more than one resort, you need to find out more about the transfer nuances prior to deciding exactly how to proceed.
 

Does anyone know how old a child has to be to be added to a DVC contract? My daughter will be 18 soon, and I'd planned to add her at the earliest possible time. Is it 18 or 21?
 
This is what DVC Members services emailed me when I inquired about adding my wife a few years ago. I had bought DVC prior to our marriage, and it's in just my name.

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Dear Disney Vacation Club Member:

In response to your inquiry about changing the Disney Vacation Club Membership records, following is information regarding the process to transfer an Ownership Interest in a Disney Vacation Club Resort.

TRANSFER: A request to add another person to or remove a person from the Disney Vacation Club Membership records is considered a transfer of title to the Ownership Interest. All of the below listed guidelines, including the notice requirement and the requirement that the mortgage loan to Disney Vacation Development, Inc. (DVD) be paid in full, apply to the following typical examples of a transfer:

You and your spouse are on the Membership together and you want to remove yourself or your spouse/ former spouse; You are on the Membership by yourself and you want to add your spouse; You want to remove yourself and transfer your Ownership Interest to another person; You want to add your children that are of legal age; You want to add or remove children, relatives, in-laws, or any other living person.

(If there has been a death of a Member, please contact Membership Administration.) You are directed by a judge under a court order for divorce to remove or add yourself or your former spouse; You want to transfer your Ownership Interest into or out of a trust, partnership or corporation.

Written Notice to Disney Vacation Development, Inc. Right of First Refusal Before you may transfer your Ownership Interest, you are required to offer it to DVD upon the same terms and conditions, including financing, as those offered to another person or entity. Accordingly, no later than thirty (30) days prior to the proposed closing date of the transfer of your Ownership Interest, you must provide DVD with written notice of your intent to transfer. Written notice should be in the form of a signed letter detailing the full terms and conditions of the transfer signed by all
parties. A sample notice is on page 2 of this letter. DVD's right of first refusal shall apply to
any and all subsequent transfers or the sale of the Ownership Interest. DVD will either issue a signed Waiver Agreement or notify you that DVD is exercising its Right of First Refusal within the thirty (30) day notice period.

Mortgage Loan If DVD made a loan to you for a portion of the purchase price of your Ownership Interest, then that loan is secured by a mortgage on your Ownership Interest. A transfer of all or any part of your Ownership Interest prior to repayment of your loan gives DVD the right to declare the unpaid amount of the loan due and payable immediately. Accordingly, you will need to repay your loan prior to or at the same time there is a transfer of all or part of the Ownership Interest. Any information or questions about your loan with DVD should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.

Transfer Documents Your Ownership Interest is an undivided interest in the real property described
in your recorded Deed. The Owner(s) of the real property will need to make their own arrangements
at their expense for the appropriate transfer document (DEED) to be prepared, signed, witnessed by two (2) witnesses, and acknowledged before a Notary Public and then recorded in the county where the Disney Vacation Club Resort in which you have an Ownership Interest is located. You are urged to consult with your attorney, accountant, title insurance company, or other professional advisors concerning this matter. Laws regarding the ownership and transfer of real estate vary widely from
state to state. To ensure that the transfer of your Ownership Interest is performed correctly and
in accordance with Florida law (or South Carolina law, if your Ownership Interest is in Disney's Hilton Head Island Resort), we strongly suggest that you consult with an experienced real estate lawyer licensed to practice law and in good standing in the State of Florida or if applicable, the
State of South Carolina. Both the Florida Bar and South Carolina Bar maintain a lawyer referral
service which you can access by calling 1-800-342-8011 (or http://www.flabar.org/) for the Florida Bar lawyer referral service or 1-800-868-2284 (or http://www.scbar.org/) for the South Carolina Bar lawyer referral service.


Written Notice That Transfer is Complete. We will change the Membership records to reflect a new or different owner after receipt and review of the following information:
q the required notice and waives its right of first refusal (Waiver Agreement signed by DVD);
q full payment on any outstanding Mortgage loan to DVD secured by the Ownership Interest
q full payment on any outstanding condominium annual dues;
q payment of the $100.00 administrative fee to change the Membership records;
q copy of the recorded deed and recorded waiver of right of first refusal (Waiver Agreement); and
q information regarding the new owner including address and telephone number.

Condominium Assessment/ /Maintenance Fees /Annual Dues. Annual Dues for the current calendar year must be current or paid in full prior to any transfer or sale. Any information or questions about your dues should be addressed to Member Accounting at 800-******** (407-566-3800), Option 1, or by fax 407-566-3284.

Reservations. A transfer may cause any reservations that utilize Vacation Points associated with your Ownership Interest to be cancelled if a new contract must be created and a new Member number issued. If the transferor is being removed as an Owner/Member, they will not have access as a Member to the Disney Vacation Club reservation system after the transfer of their Ownership Interest. Any information or questions regarding your Vacation Points activity should be addressed to Member Services, 800-******** (407-566-3800), Option 3, or by fax 407-566-3939, or by e-mail to members@disneyvacationclub.com.

If you have further questions regarding the transfer of your Ownership Interest, please contact Membership Administration, Marylin at 407-566-3352, Margie at 407-566-3041, Kathy at 407-566-3075, Roger at 407-566-3222 or by fax at 407-938-4147 or email at WDW.DVC.DVD.Resales@disney.com.

Please include your membership number or contract number on all correspondence and messages, and provide us with your daytime telephone number, e-mail address or fax number.

SAMPLE REQUEST/NOTIFICATION FOR WAIVER OF RIGHT OF FIRST REFUSAL

EXAMPLE ONLY--please do not use this form for your request, you should create your own written and signed letter using this format as an example only.) Send my U.S. Mail or Fax to (407) 938-4147
TO: Disney Vacation Development, Inc.
Membership Administration
200 Celebration Place, 4th Floor
Celebration FL 34747
FROM: ___________________________________
ADDRESS: ___________________________________
TELEPHONE: ___________________________________
FAX/E-MAIL: ___________________________________
MEMBER NO.: ___________________________________
ALL APPLICABLE CONTRACT NUMBER (S): _____________________
OR
ALL APPLICABLE LEGAL DESCRIPTION (S): __ % Interest in Unit __ of _____________ (Resort)
(Your contract number and legal description(s) appear on your recorded deed and your First American Title Insurance Policy.)
I/we as the owner(s) of the above referenced Ownership Interest(s), hereby notify Disney Vacation Development, Inc. (DVD) of the following: [Your letter addressed to Disney Vacation Development, Inc. should provide the following details of the transfer of your Ownership Interest and, if applicable, attach a copy of your contract of sale.

indicate whether you are transferring title without any consideration (gratuitous) or selling your Ownership Interest (including the sale price, or other type of consideration, if any); full name& address of all of the parties to the transaction; any special terms and conditions, such as financing; proposed closing date; signature of current owner(s)]


COUNTY INFORMATION: The County recording office does not provide deed forms or assist in the preparation of a deed to transfer title to the real estate. You will need to make your own arrangements for the appropriate legal document to be prepared and then recorded in one of the following recording offices:

STATE of FLORIDA

For an Ownership Interest located at Disney's Old Key West Resort; Disney's BoardWalk Villas; The Villas at Disney's Wilderness Lodge; Disney's Beach Club Villas:

www.occompt.com <http://www.occompt.com> (On Line Forms/Transfer of Interest DR-219 Florida Dept
of Revenue)

Orange County Comptroller Street Address:
PO Box 38 401 S. Rosalind Ave
Orlando FL 32802-0038 Orlando FL 32801

Telephone: 407- 836-5115
Fax: 407- 836-5120
Hours: 7:30 a.m. - 4:30 p.m. Monday-Friday

Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution) Orange County Bar Association 880 N Orange Ave, Suite 100 Orlando FL 32801
407-422-4537

For an Ownership Interest located at Disney's Vero Beach Resort:

www.clerk.indian-river.org/ <http://www.clerk.indian-river.org/> (Use the same DR-219 Florida Dept
of Revenue for Indian River County)

Clerk of the Circuit Court
Recording Division
Indian River County Street Address:
PO Box 1028 2000 16th Ave
Vero Beach FL 32961-1028 Vero Beach FL 32960

Telephone: 772-770-5185
Fax: 772-770-5008
Other resources:
www.state.fl.us
www.leg.state.fl.us <http://www.leg.state.fl.us/> (Statutes/Constitution)
Florida Bar lawyer referral service www.flabar.org
1-800-342-8011

STATE of SOUTH CAROLINA
For an Ownership Interest located at Disney's Hilton Head Island Resort:
www.co.beaufort.sc.us

Register of Deeds
Beaufort County Street Address:
PO Drawer 1197 100 Ribaut Rd
Beaufort SC 29902-1197 Beaufort SC 29901

Telephone: 843-470-2700
Fax: 843-470-2709
Other resources:
http://www.scstatehouse.net
South Carolina Bar scbar-info@scbar.org
950 Taylor St
Columbia SC 29202 803-799-6653

Nanu57v said:
Hi, my parents are looking into DVC ownership. They can put six people on the deed, so they are thinking themselves, my DH and I, our daugher, and my brother. I think they should just forget our daughter because she'll hopefully have siblings someday, and hopefully my brother will get married. She asked the DVC guy if a sixth name could be added later (no wedding bells in the near future for my brother), and he said 'yes, but there are court fees to refile the title." Anyone know how much we are talking about in fees?
 
Cruelladeville said:
$350-$500. I would caution your parents AGAINST adding both you and your husband, and your brother and spouse. If you and DH suddenly hit a bad bump in your marriage, you can all lose the contract. My DD divorced her DH, and the court ordered the contract sold, even though I had been making the payments for several months. It will be safer to just put your parents on the contract, and then you can be an associate member, which will keep the contract safe.
This is good advice. Ask your parents to put only you and your brother on the deed only so that you can qualify for the AP discount if being an associate member isn't enough to qualify for the discount. They should ask their DVC guide about discount eligibility specifically - and keep in mind that its a benefit that is subject to change at any time.

I'm sure they are thinking about passing of the membership at the time of their death. But that's something that is better handled in a will, which is easily changed to address family additions/deletions.
 
OKW Lover said:
This is good advice. Ask your parents to put only you and your brother on the deed only so that you can qualify for the AP discount if being an associate member isn't enough to qualify for the discount. They should ask their DVC guide about discount eligibility specifically - and keep in mind that its a benefit that is subject to change at any time.

I'm sure they are thinking about passing of the membership at the time of their death. But that's something that is better handled in a will, which is easily changed to address family additions/deletions.
In most situations if one spouse is on the deed, the asset is counted for the marriage just like both were on the deed. And that's true even if the Marriage occurred afterwards unless there is a valid prenup. Putting only one person out of a couple will not protect the asset during a divorce or financial problems.
 















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