Quit Claim

[kmitchel]

I recently divorced my husband and the Court has since ordered him to Quit Claim all of his interests in the DVC properties we own over to me.

My ex is telling me that it will cost me "thousands" of dollars for him to remove his name from the 4 deeds that we own. Does that make sense? Why should removing his name from the deeds cost so much money?

I have paid the properties in full and there is no lein on any of the deeds.

Thanks in advance,
Karen

 

[MousekeTom]

Seems to me, if the court told him to do it, it is his expense...just saying.

 

[DVCconvert]

It absolutely will not cost "thousands of dollars". It will have to be done through MS however....give them a call and they can tell you the process and the cost.

 

[disneynutz]

Call the MS number and select Administration from the phone tree.

Bill

 

[DisneyLoverUSA]

After my divorce I signed a quit claim for our property to get my name off our house deed and all it costs was a hundred or so to the lawyer who did the paperwork. My ex paid for that. If getting his name off the DVC deeds is anything like getting it off real property it should only cost a couple hundred. The same lawyer can do all your contracts at one time.

Now he may not WANT to take his name off the deeds without you paying HIM some money. Unless the judge ordered him to quit claim the deeds then he can't ask you to compensate him for equity in the timeshare contracts.

 

[DVCconvert]

......Unless the judge ordered him to quit claim the deeds....

kmitchel said:

....the Court has since ordered him to Quit Claim all of his interests in the DVC properties we own over to me....

seems pretty clear to me

 

[kmitchel]

Membership Accounting said that I had to record new deeds in Florida and South Carolina. Does anyone know how to do this without hiring a lawyer?

 

[dgaston]

I think I remember Dean did this to give his daughter a DVC contract. Perhaps he can help.

 

[jkersman01]

Membership Accounting said that I had to record new deeds in Florida and South Carolina. Does anyone know how to do this without hiring a lawyer?

You'll need to have the deeds prepared transferring ownership from you and your former spouse to you only. You will have at least two deeds, one for SC and one for FL if you decide to consolidate the 3 FL deeds into 1. You will need to check with the county recorder's office to see if consolidating these deeds would be acceptable. This could reduce your filing fees. (Filing 2 deeds instead of 4).

You'll need to submit a request to transfer form to Disney for ROFR. I believe approvals for these types of transfers are virtually automatic, but Disney still has a ROFR.

Once the deeds are prepared and ROFR is passed, you would need to execute the deeds along with your former spouse. Once done, you need to mail the deeds and the approved ROFR form to the recorder of deeds office located in the county in which the parcel is located (it will be referenced on the deed). You will need to ensure that all filing fees and property transfer tax statement of value forms accompany the filing. Once filed, you will get originals back in due time.

To do this work without an attorney, it would involve deed preparation, researching county recorder filing requirements and fees, and forwarding the documents to the recorders offices. I wouldn't advise preparing the deeds yourself, but obviously that's up to you. That's the general scheme involved here. Further, depending on how you financed the purchase, if you did so at all, there could be a lien filed and you would have to make sure you satisfy any assignment provisions in that lien document (ie either pay it off or obtain consent).

Disclaimer- while I am a licensed attorney in the state of Pennsylvania, this is not intended to be legal advise and just a summary of generally what may be involved in preparing and recording deeds. You should consult with a real estate attorney licensed to practice in FL and SC to consult you in this regard.

 

[psac]

Disclaimer- while I am a licensed attorney in the state of Pennsylvania, this is not intended to be legal advise and just a summary of generally what may be involved in preparing and recording deeds. You should consult with a real estate attorney licensed to practice in FL and SC to consult you in this regard.

Just a thanks from one Dis-er to another for sharing your knowledge -- i.e., essentially giving away your work for free.

 

[starry_solo]

Here was a thread about it as well:

http://www.disboards.com/showthread.php?t=2346564

 

[Dean]

Email me directly and I can give you some more info.

 

[vincegales]

The quitclaim deed offers little protection for buyers on the road. Although the property is transferred to the assignee of the grantor, the quitclaim deed does not legally protect the dealer from future claims to property.

 

[Dean]

The quitclaim deed offers little protection for buyers on the road. Although the property is transferred to the assignee of the grantor, the quitclaim deed does not legally protect the dealer from future claims to property.

DVC chooses to use a deed situation to establish and control ownership but they could just as easily have held them in trust. A quit claim deed is still a good option for family and many private sales, esp where you don't feel that additional protection is needed. Ultimately the question is whether anything offers enough protection and whether the dollar amounts are enough that one would go through a legal proceeding out of state if things went south. It's very easy to establish who the current owner is and whether there are current lien's, at least for Orange County and HHI.