Adding spouse to deed

[spruce]

I understand the process for adding my wife to the deed but when I do, would it be considered a sale (since a new deed is created) and create a new member number and cancel any existing reservations?

 

[drusba]

It is not a sale. It still goes through Disney to pass on right of first refusal which it does for those types of transfers as a matter of course -- Disney does not actually have a ROFR on the type of transfer you are contemplating but it is in your interest to get it to waive and file the waiver so that later, if the two of you go to sell, the title company does not list an exception because it sees the ROFR right and sees no waiver for that prior transfer. Your member number should remain the same and there will be no cancellation of existing ressies. Important is to make sure you let MS accounting know what you are going to do before doing it and ask them for any forms you need to fill out and provide them.

 

[Dean]

You can do it for a single contract for about $30-40.

 

[krdisneybound]

If you are just "adding" a name, the only thing you have to do is call MS - tell them you want to add a name and give them the name - and then you or an attorney can prepare a new Deed from you to you and the 2nd name.

(2 years ago I added a name to one of my contracts and just prepared a new Deed and had it recorded in Orange County, FL and then sent a cc to MS. - there was no atty. involved at all)

It is the same as if a spouse passes. You would prepare a new Deed with just your name on it. But in that case, the D/Cert. would have to be recorded in Orange County. I just did that this past year and w/no complications whatsoever

There is no ROFR to be considered at all.

But just to be clear, I would call MS and see what they say.

I understand the process for adding my wife to the deed but when I do, would it be considered a sale (since a new deed is created) and create a new member number and cancel any existing reservations?

 

[Dean]

There is no ROFR to be considered at all.

Technically it still goes through the ROFR process and you still get a waiver of ROFR. Here is the process taken from the DVC document on transfers.

Please follow these steps in order to have your membership records changed:

1. Complete “Request to Transfer” form (attached) and return to DVC
2. Obtain Notice for Right of First Refusal (ROFR) or Waiver of the ROFR
3. Pay dues and loan amounts (see below)
4. Make arrangements for new deed(s) and record in the county in which the property is located

As a rule you must be paid in full or get the finance companies permission to remove a person if it's financed. Add a person is actually easier. We are in the process (have been for a while) of doing this adding our adult daughter to an AKV 100 point contract, more specifically four 25 pt contracts. We were able to get the quit claim deed down to 1 page each and get DVC to put all ROFR on on document (2 pages) to reduce recording costs to about $60 total for the 6 pages plus doc stamps.

 

[krdisneybound]

strange - I didn't have to go through that. MS said they would take the name off - and I did the Deeds myself. I have since sold two of them and everything seemed to go through w/o any problems.

There was no financing on any of my contracts so that made it much easier also.

That is why it is best for each individual to call and see what their situation entails.

The recording fees and doc stamps are relatively inexpensive. I called recording and got what the fees were and send everything in w/a SASE and all was returned to me w/in 10 days.

It is surely a learning experience

 

[Dean]

strange - I didn't have to go through that. MS said they would take the name off - and I did the Deeds myself. I have since sold two of them and everything seemed to go through w/o any problems.

There was no financing on any of my contracts so that made it much easier also.

That is why it is best for each individual to call and see what their situation entails.

The recording fees and doc stamps are relatively inexpensive. I called recording and got what the fees were and send everything in w/a SASE and all was returned to me w/in 10 days.

It is surely a learning experience

When was this, they changed the process a few years ago. For death's it may not apply in the same way. Here is a different portion of the instruction letter on "transfers".

A Transfer Request is a signed written request to change the way title is currently held on the deed, to add or remove another person from the Disney Vacation Club Membership records such as:

• Add or remove yourself or a spouse/former spouse;
• Make a change due to a court order such as a divorce or property settlement agreement;
• Transfer your Ownership interest to another person;
• Make a transfer of your Ownership Interest into or out of a Trust, partnership, LLC or corporation
• Add or remove children that are of legal age of majority; parents or any other person

In the event of a death, please contact Membership Administration.

 

[alldiz]

I wanted to add my mother to the deed(so I can get the DVC AP for her) and they said I had to get a lawyer to draw something up....Said it costs about 350.....they mailed me some papers but didn't do anything.....cause I didn't want to pay that.
Kerri

 

[krdisneybound]

They were done w/in the past 9 months or so. I sold one property in November, 2007 and another in June, 2008. On the 3rd one, the name was added over a year ago.

It just amazes me to find out how differently things actually end up being accomplished. and finally completed.

When was this, they changed the process a few years ago. For death's it may not apply in the same way. Here is a different portion of the instruction letter on "transfers".

 

[Dean]

They were done w/in the past 9 months or so. I sold one property in November, 2007 and another in June, 2008. On the 3rd one, the name was added over a year ago.

It just amazes me to find out how differently things actually end up being accomplished. and finally completed.

As I've said many times, DVC is nothing if not inconsistent. Truth is for the "right" reasons I wouldn't expect them to make a fuss about it.

I wanted to add my mother to the deed(so I can get the DVC AP for her) and they said I had to get a lawyer to draw something up....Said it costs about 350.....they mailed me some papers but didn't do anything.....cause I didn't want to pay that.
Kerri

You can do a quite claim deed yourself if you're inclined. The only issue I can think of is that if you ever go to sell, a quit claim deed can muddy the tittle enough that you may not be able to get title insurance. But you could still sell it.