Complicated Selling Question?

[Cinderella]

I have a complicated selling question. I own two dvc contracts - one in my own name and one in joint names with my ex husband. The one in joint names is financed. When my husband left almost three years ago, I continued to pay the finance. I wanted to pay it all off, but I worried that if I did, he would be able to then claim half the DVC. The finance is through a UK company - not through dvc.

I would now like to sell the contract that is in joint names so I pay off the loan because having a joint loan with my ex is affecting my credit rating.

The problem is, I have no contact with my ex, and he would not sign anything to remove his name. He is so untrustworthy that he even managed to take about £20k from my bank months after he left and there was nothing i could do. He is not even willing to pay maintenance for his kids! So there is no way he is going to be reasonable about this.

My worry is that if I sell and disney ROFR, they will send the cheque in jointnames. Can I request that they send it only to me to pay off the loan, or pay it into my bank account? I know if he got half, he would not pay off the loan and I woud be stuck with it. What do I do?

 

[CarolMN]

Sorry for your situation.

My best advice to you is to consult with an attorney.

AFAIK, if your ex's name is on the deed, you cannot legally sell without his signature. Even if you could, I sincerely doubt that the buyer would issue the check in only your name - that would cloud his/her title.

 

[hrsmom]

I'd get a lawyer and find out what you can do or need to do.

 

[njmeisje]

Agree with prior posters. You will need an attorney. Didn't your divorce attorney separate your assets? It seems not, but you are right to deal with this now. If you pay it off, he could come back later and claim half the asset.

Best of luck to you
Diane

 

[RobDoc]

I'm sorry you find yourself in this situation.

Hopefully, there was something to address this in your divorce agreement. With that agreement, DVC may be able to remove the name without any further involvement with your ex. Without that specific in the divorce documents you should be cautious. As already suggested, I would certainly get some legal advice regarding how to proceed with any changes in your DVC ownership.

Good luck! Please report any outcome.

 

[cpgecko]

My ex and I had points at BWV and I was awarded the DVC interest in our divorce settlement.

Even though the divorce decree clearly stated that all interest in the property was mine, TSS and DVC wanted signatures from my ex. I was able to get the check cut in just my name, but we drew up a specific document that she signed that asked for the check to be made out to me. Reading your post I'd suspect you may not receive the same level of cooperation from your ex.

In my case it wasn't particularly difficult as we are on relative speaking terms (at least enough to sign and mail papers back and forth).

Your situation sounds clearly different and an attorney is likely able to better advise, but in a similar case I was required to have signatures from both of us.

 

[darby74]

I had similar situation as above poster. I rec'd the DVC in the divorce settlement with my ex, but still had to get her signatures on deed transfers into my name. You'll need to speak with a lawyer about getting your situation cleared up.

 

[JimMIA]

Sorry for your situation.

UK divorce and property laws may be substantially different from the laws in the US, and our laws and case law vary a good bit from state to state. You need to consult a lawyer in the UK who specializes in these issues.

Good luck.

 

[Cruelladeville]

I agree that the laws here in the US may be quite different. My DD's divorce decree sold their DVC, and I offered to buy it, and eventually deeded it back to her. Because the court said it was to be sold, DVC handled that with the court, although I am not sure how. All I know is that I eventually got a letter from DVC with how much I owed them, and what I needed to do to close with a closing company.

 

[JimC]

You probably should begin with counsel in the UK, if that is your domicile. You may also need a Florida lawyer, but your UK counsel can sort that out with you.

 

[Figment2]

People (including attorneys) forget this is a percentage ownership in real estate. Have your attorney draw up a quit claim deed and file it with the appropriate FL county. That will put the contract in your name. However you will need to file ROFR paperwork with DVC.

I think the trick in your case will be getting your ex to sign the deed.

Good luck!

Cyn