How to remove someone from a contract...

[goofy4tink]

I am currently in the midst of a not so amicable divorce. I'm the one who loves Disney, dh hates it, had to practically force him to go, even when dd was a CM. Anyway, 'we' own two contracts, one for 50 pts, one for 150 pts, both at BWV. I need to remove him from the paperwork as an owner, and put my dd on, in his place. I imagine that I'll have to buy him out during the process. What do I need to do, going forward? Thanks for any help.

 

[Sjm9911]

Don't do anything before a lawyer oks it, so it has to be in the settlement agreement. Otherwise , if going before a judge, they may frown upon that. If you 2 can agree on something, then have it added to the agreement its better. As for the particulars idk. Stay strong.

 

[melissa723]

Don't do anything before a lawyer oks it, so it has to be in the settlement agreement. Otherwise , if going before a judge, they may frown upon that. If you 2 can agree on something, then have it added to the agreement its better. As for the particulars idk. Stay strong.

Exactly what Sjm9911 said. I went through this a few years ago, but was lucky enough that my ex just gave me the DVC in the settlement since he wanted nothing more to do with it. Our lawyers had to have this in writing so that it could then be added into the settlement agreement. Once that was done, I was able to proceed with putting everything in my name.

 

[goofy4tink]

Thanks so much. I'm hoping that he'll just trade my interest in his car vs his interest in the DVC..it would be a wash. Once it's in the settlement, where do I go from there?

 

[melissa723]

Thanks so much. I'm hoping that he'll just trade my interest in his car vs his interest in the DVC..it would be a wash. Once it's in the settlement, where do I go from there?

Mine happened in 2015, so my memory is a little foggy, but I think I had to send DVC my settlement papers (after it's been filed because it will have the court's approval on it as well) and they should be able to go from there. I would contact them now so they can give you an idea of the process and let you know exactly what they'll need from you.

 

[Chuck S]

Is your DVC paid in full, or is it financed? If financed, the lender may not release either of you, and you won't be able to retitle it without some sort of court order. If it is paid for, and you reach an agreement, it will be much simpler.

 

[crisi]

It will be either the divorce settlement or a quit claim deed. I'm not sure what DVC/Florida requires. Call DVC and ask what they'll need, if they need a quit claim deed it can be signed during the divorce.

 

[kniquy]

There was a recent thread on how to add someone to a deed - as far as adding your daughter. Unfortunately, i couldn't locate the thread but maybe if you search the word "deed" under the DVC forums it will pop up. You could also call DVC to see if they have any information on the steps needed to add and remove someone from a deed.

I would be keeping track of the ROFR forum for pricing on the contract. Obviously he would only be entitled to 50% of the value of the resort- so that might be what you have to pay him. Or if you can come up with something of equivalent value which he would receive and you would then just keep the DVC for a fair value divide.

 

[erionm]

There was a recent thread on how to add someone to a deed - as far as adding your daughter. Unfortunately, i couldn't locate the thread but maybe if you search the word "deed" under the DVC forums it will pop up. You could also call DVC to see if they have any information on the steps needed to add and remove someone from a deed.

Step By Step - How to Add Names to an Existing Contract (Gratuitous Transfer)

 

[bumbershoot]

Im so sorry to hear about this.
‘
I was divorced last year. It wasn’t nice, but we pretended to be amicable.

My WA state lawyer was happy for us to do as much of the work as possible.

No one cared what we did with the timeshare; my lawyer almost ignored it bc she figured it had zero value.

So we just took care of it during the process, and the only place it shows up in the papers is that if I sell it inside of 5 years he gets half of the proceeds.

I went through LT Transfers to add my name (I was just the associate) and take his off. Could not have been easier. And we didn’t need to wait for anything to be final.

 

[Fred M]

It’s been a while since I practiced divorce law here in California, but you’d put everything in the settlement agreement, which then becomes the court order, or you litigate it and get the court’s order post trial. Usually you’d have your ex sign the quit claim deed at that time, and if your ex refuses or can’t, the court can sign on your ex’s behalf. (Had to do this when my client’s ex passed away towards the end of the case). The quit claim deed then gets filed in the county wherever you have your DVC.

But as mentioned above, if you financed, you either have to requalify for a loan for the remaining balance or the lender will require you to pay it off before removing your ex.

All being that being said, divorce is a difficult time. Take time for yourself. Best of luck!!!

 

[jerseyduke]

If its owned outright, you have to call Disney and get them to Send you a Gratuitous transfer form - which is a waiver of right of first refusal.

You then need a quit claim deed (I had Jeffrey Sweet in Ormond beach create mine, for like 150$ or so)
Both parties need to sign and have it notarized - you don't have to sign together!
I then sent mine back to the lawyers office and they did the rest.
Easy peasy, hardest part was getting the other person to sign

Do note, I speak from my own experience which was with an ex GF, so there was no legal ties between us, so I can not speak as to the marriage aspect, but that actual process is simple

My biggest concern with not doing it is I would not be able to sell it if I needed to.

 

[bumbershoot]

If its owned outright, you have to call Disney and get them to Send you a Gratuitous transfer form - which is a waiver of right of first refusal.

You then need a quit claim deed (I had Jeffrey Sweet in Ormond beach create mine, for like 150$ or so)
Both parties need to sign and have it notarized - you don't have to sign together!

LT Transfers did the first part for me, FYI.

And maybe it’s bc I wasn’t actually on the deed before (though I was added in the process) but I didn’t have to sign anything notarized. It was all on him to sign bc he was giving it to me. (I don’t think I had to sign anything, though I could be misremembering)