DVC and divorce question

[Dismoml3]

Hi all! I was wondering if anyone has gotten a divorce and share some insight of what I can do with the DVC membership. Can only one of us use it after the divorce or can we have a shared custody situation with it? any information would be helpful. Neither of us wants to give up the DVC.

 

[crisi]

There shouldn't be any legal reason why you can't share it....there will be lots of practical reasons why that won't be a good idea.

 

[jerseygal]

We purchased 2 separate contracts, thinking "down the road" for our 2 sons, our two beneficiaries of our estate. When we both pass, each will have the same amount of points, 2 separate contracts.
Same goes for divorce I suppose, never have thought about it, thankfully.
No disadvantage for folks buying into DVC in the future to plan your purchase wisely; split it into separate contracts for "estate" purposes to make it easy on your beneficiaries , as well as this issue of marital assets. Makes perfect sense to me. In your case, you may have to sell it and split the proceeds, "cleaner" that way! Good luck with your divorce, not an easy process.

 

[Marionnette]

Hi all! I was wondering if anyone has gotten a divorce and share some insight of what I can do with the DVC membership. Can only one of us use it after the divorce or can we have a shared custody situation with it? any information would be helpful. Neither of us wants to give up the DVC.

I agree with @crisi . You may not want to "share" ownership with an ex. Legally, it is possible. For practical purposes, it could get messy. My brother trusted the ex to pay the dues monthly while he paid the mortgage (he has the bigger paycheck and he felt this was fair). She stopped funding the bank account out of which the dues were withdrawn right after the divorce papers were signed. He never knew about it until he tried to make a reservations some months later only to learn that DVD was about to start legal proceedings against them for being in arrears.

Things happen no matter how amicable the divorce process may go. One ex-spouse may use more than their allotment of points. Or not be willing to pay for their half of the dues in a year when they don't get to use the points. Or a new spouse may resent having to pay dues and a mortgage for something that is not completely owned by their husband/wife.

Best thing to do is either sell and split the proceeds or else have one sign over ownership to the other with a quit claim deed.

 

[ziravan]

I would offer him something he wants more in exchange.

Sell and rebuy doesn’t work because you’ll both lose perks that way.

Offer him something of equal value and if he wants to use that value to buy in, you still come out ahead by keeping perks.

Dave Ramsey says the only ship that rarely sails is a partnership.

Put another way, this is all well and good to imagine that the two of you can still be friends enough to make this work. In three years, his new spouse probably won’t agree.

And when she has access to the login and cancels your F&W reservation 3 months out? It won’t be such a good idea then.

“I’m keeping the DVC. I’m not selling and not sharing. What do you want in return. I’ll give you enough in return that you can buy in.”

Let him keep the resale value of the points in his retirement, for example. Again, you still come out ahead because you’ll keep perks.

 

[Sandisw]

As mentioned, if you are both owners of the contract, then divorce does not change that. However, during the proceedings, jointly owned assets need to be discussed as to how you both want to proceed in handling it. As already mentioned, the annual dues will have to be covered (along with any financing) so a deal with that. The other thing to consider is that as long as you are both owners, you will each have the ability to use up all the points, regardless of what you decide in terms of "sharing". So, one could go in, plan a big vacation, and use more points then the should. The person could also go in and cancel a reservation of the spouse and their would be nothing one could do. All in all, IMO, it could become very sticky depending on how amicable things are...now and in the future.

 

[Dean]

Hi all! I was wondering if anyone has gotten a divorce and share some insight of what I can do with the DVC membership. Can only one of us use it after the divorce or can we have a shared custody situation with it? any information would be helpful. Neither of us wants to give up the DVC.

As long as there's no loan, I'd just drop one from the deed. Sharing a timeshare with an ex is dicey even on a good day. There are simply too many risks otherwise. If there's a loan I'd just sell it or one pay it off and still change the deed.

 

[LënuSëkahsëni]

I would try negotiating an arrangement that would allow me to remove my ex from the deed, I don't want to deal with the possible conflicts that could arise in the future.

Let him keep the resale value of the points in his retirement, for example. Again, you still come out ahead because you’ll keep perks.

In a hypothetical situation like this I would want to keep the direct value of the points in assets, why should I lose the ability to have the perks.

 

[Dismoml3]

Thank you everyone for all the feed back! It is super helpful!!!

 

[bumbershoot]

Sadly, I’m dealing with this.

Alas I’m only the associate, but I’m also the only one who has been using the points happily. Funny, since HE was the one who insisted on purchasing bay lake.

He’s willing to just hand it over to me with no compensation (I have nothing to give and need everything he’s giving me).

But that seems to mean maybe first putting me on then taking him off. Two years ago I was trying to put me on, and I read everything here, but could NOT figure out how to do it.

And honestly, as my lawyer (still cannot get used to that) says... while I’m trying to get my life going and figuring out what I’ll do so I’m making a living in 5 years when spousal support is gone and my son is an adult, it’s not the time for Disney trips.

So I think I’m going to agree to sell and we’ll split the money.

Sigh.

I’ll buy in at VGF resale someday. Maybe.


Right now, aside from the anger I have over how he did all of this (I was 100% blindsided, no final argument, no “I wanna divorce!”...just being surprise-served with papers with my son right next to me), if he wanted to use the points, I could see it working. For a time. But I can also see it going very icky.

As the associate I didn’t have the perks unless he was with me (usually). And he hasn’t gone to a WDW park since January 2015. So...

 

[jerseygal]

Sadly, I’m dealing with this.

Alas I’m only the associate, but I’m also the only one who has been using the points happily. Funny, since HE was the one who insisted on purchasing bay lake.

He’s willing to just hand it over to me with no compensation (I have nothing to give and need everything he’s giving me).

But that seems to mean maybe first putting me on then taking him off. Two years ago I was trying to put me on, and I read everything here, but could NOT figure out how to do it.

And honestly, as my lawyer (still cannot get used to that) says... while I’m trying to get my life going and figuring out what I’ll do so I’m making a living in 5 years when spousal support is gone and my son is an adult, it’s not the time for Disney trips.

So I think I’m going to agree to sell and we’ll split the money.

Sigh.

I’ll buy in at VGF resale someday. Maybe.


Right now, aside from the anger I have over how he did all of this (I was 100% blindsided, no final argument, no “I wanna divorce!”...just being surprise-served with papers with my son right next to me), if he wanted to use the points, I could see it working. For a time. But I can also see it going very icky.

As the associate I didn’t have the perks unless he was with me (usually). And he hasn’t gone to a WDW park since January 2015. So...

BEST OF LUCK to you; certainly a very difficult time!

 

[Marionnette]

@bumbershoot

So sorry to learn that you are going thru this. Divorce sucks. Wishing you the best while you work thru the mess.

 

[Dean]

Sadly, I’m dealing with this.

Alas I’m only the associate, but I’m also the only one who has been using the points happily. Funny, since HE was the one who insisted on purchasing bay lake.

He’s willing to just hand it over to me with no compensation (I have nothing to give and need everything he’s giving me).

But that seems to mean maybe first putting me on then taking him off. Two years ago I was trying to put me on, and I read everything here, but could NOT figure out how to do it.

And honestly, as my lawyer (still cannot get used to that) says... while I’m trying to get my life going and figuring out what I’ll do so I’m making a living in 5 years when spousal support is gone and my son is an adult, it’s not the time for Disney trips.

So I think I’m going to agree to sell and we’ll split the money.

Sigh.

I’ll buy in at VGF resale someday. Maybe.


Right now, aside from the anger I have over how he did all of this (I was 100% blindsided, no final argument, no “I wanna divorce!”...just being surprise-served with papers with my son right next to me), if he wanted to use the points, I could see it working. For a time. But I can also see it going very icky.

As the associate I didn’t have the perks unless he was with me (usually). And he hasn’t gone to a WDW park since January 2015. So...

I'd ask your lawyer about the best way to do this. You could put your name on and take his off at the same time as a family gratuitous transfer. That would not cancel any reservations and could cost as little as $175 if you want someone else to do so. I'd suggest LT transfers in this situation. Options, change it and keep it, change it and then sell later pocketing the money or selling now and splitting the money. It doesn't sound like a good time for you to own a timeshare but part of the equation is how do you end up with the most out of this. Certainly changing it, keeping it and renting could be the best plan though. Then you could see how it goes and make a final decision later. Just don't let it keep you from getting what's fair out of the divorce, don't forget to play up the yearly costs.

 

[kniquy]

I would say because of the financial responsibilities of DVC - yearly maintenance fees and the possible problems of one person not being able to pay those fees. Plus when one or both of you find someone new -- how is that someone new going to like that you are still financially tied to the ex. It could be all spelled out in the legal paperwork of the divorce but i think the use and the logistics would be complicated - what if one doesn't use and banks the point or one needs to borrow points. It really isn't clear cut using the points. Your lives are intermingled now, but at some point it will all be very separate.

I would either decide to sell and split the profits or one would buy out the other. You are getting divorced for a reason so do not keep any ties that will create problems in the future. If one ends up keeping it and the other party wants to go then the one with the DVC could always "rent" to the ex.

 

[crisi]

Bumbershoot, I'm so sorry. If you can do a deed transfer the way Dean is suggesting, it might be worthwhile to hang onto the points and rent them out to cover dues and put a little money in your pocket. Disney for you might not be a priority right now, but if there is no loan on the contract, you can pocket enough money to add a little income every year - and that might be more valuable than a lump sum now - especially if it ends up getting split in the divorce. You can always sell if you need the lump sum later.

From my first marriage - a piece of advice - if he's eager to get out and screwing you over, take as many of the assets as he is willing to sign over to you. Don't worry about fair. Make sure that your son's college is addressed and make sure you remain entitled to any retirement funds.

 

[Dismoml3]

I am so sorry that it went down like that for you! I have no idea on what we are going to do , but at least this Disney community let's you know you are not alone.

Hope it works out for you, and there is always time for Disney !!LOL

 

[KAT4DISNEY]

Sadly, I’m dealing with this.

Alas I’m only the associate, but I’m also the only one who has been using the points happily. Funny, since HE was the one who insisted on purchasing bay lake.

He’s willing to just hand it over to me with no compensation (I have nothing to give and need everything he’s giving me).

But that seems to mean maybe first putting me on then taking him off. Two years ago I was trying to put me on, and I read everything here, but could NOT figure out how to do it.

And honestly, as my lawyer (still cannot get used to that) says... while I’m trying to get my life going and figuring out what I’ll do so I’m making a living in 5 years when spousal support is gone and my son is an adult, it’s not the time for Disney trips.

So I think I’m going to agree to sell and we’ll split the money.

Sigh.

I’ll buy in at VGF resale someday. Maybe.


Right now, aside from the anger I have over how he did all of this (I was 100% blindsided, no final argument, no “I wanna divorce!”...just being surprise-served with papers with my son right next to me), if he wanted to use the points, I could see it working. For a time. But I can also see it going very icky.

As the associate I didn’t have the perks unless he was with me (usually). And he hasn’t gone to a WDW park since January 2015. So...

Sorry to hear what you're going thru!

I see that you've gotten a couple of recommendations similar to what I was going to say but I'll add that you might want to consider a bit more on keeping the membership. It may not be the time to be taking Disney vacations but unless your lawyer has a lot of familiarity with DVC they may not have any idea on how easy it is to rent out where you'll cover dues and have a little extra. It would allow you to keep it for when you are settled and on your feet and since your soon to be ex is offering I'd take him up on it. It also can be easily sold any time if it does become apparent you will need the full funds (I know you've shared your purchase experience and also think you have it all paid off now?). For now, I'd take it, say thanks, keep it and rent until the point is reached that you know it works to keep it and use it or that the day is at least coming or that you know you have to have the money from it and to sell it then.

 

[BillPA]

To the OP, if you 2 couldn't get along while married, why would you think it would be any better now? Either buy him out or sell and split the proceeds. Sorry it didn't work out, but I wouldn't continue with a joint ownership. You will both stay connected financially as long as you share a title/deed.

 

[Zach Levon]

I would suggest taking every other year's worth of points. Say you get odd years and your Ex gets even for example. Who gets the points also pays that year's dues.

 

[verleniahall]

I would suggest taking every other year's worth of points. Say you get odd years and your Ex gets even for example. Who gets the points also pays that year's dues.

When my husband and I were discussing divorce, this is the plan we had with the lawyers - but since he makes SO much more, he was responsible for yearly dues Dan dh year.

Thankfully, councils g helped

OP - talk to your minister and pray - I hope things turn around for you