removing spouse from DVC Deed

[Boardwalk Gal]

Has anyone experienced. the change of the deed to remove spouse off?? I have a form from DVC to fill out but it stated it my responsibility to obtain a new deed at my (owner's) expense and that i can hired a lawyer or license professional. I would perfer not to hire anyone and do this myself. I have the power of attorney to remove my spouse and put this DVC in trust of my children.
Any tips you can give me, i would be grateful.

 

[JimMIA]

Contact Member Administration (NOT Member Services) for the details. Removing an owner will probably require a quit-claim deed transferring the ownership from you and your spouse to the trust. That, of course, will require the spouse's signature. The power of attorney may suffice, but if you hit a snag, you will have to get professional help.

Once executed, the quit-claim deed will need to be recorded with the appropriate authorities in Orange County, Florida. I believe that will be the Clerk of the Court, but you can check to be sure.

The transfer may need to pass ROFR, but Disney automatically approves ROFR in cases of transfers among family members.

 

[Boardwalk Gal]

Contact Member Administration (NOT Member Services) for the details. Removing an owner will probably require a quit-claim deed transferring the ownership from you and your spouse to the trust. That, of course, will require the spouse's signature. The power of attorney may suffice, but if you hit a snag, you will have to get professional help.

Once executed, the quit-claim deed will need to be recorded with the appropriate authorities in Orange County, Florida. I believe that will be the Clerk of the Court, but you can check to be sure.

The transfer may need to pass ROFR, but Disney automatically approves ROFR in cases of transfers among family members.

i already spoke to member Admin..and that how i got the form. I am little confused on what i am suppose to do. I can get my spouse's signature no problem either.

 

[Jason@dvcstore]

Has anyone experienced. the change of the deed to remove spouse off?? I have a form from DVC to fill out but it stated it my responsibility to obtain a new deed at my (owner's) expense and that i can hired a lawyer or license professional. I would perfer not to hire anyone and do this myself. I have the power of attorney to remove my spouse and put this DVC in trust of my children.
Any tips you can give me, i would be grateful.

I would give Magic Vacation Title a call and talk to Brenda or Nancy. They should be able to answer some questions for you.

http://mvtservice.com/dnn/***/

Jason

 

[Bethshaya]

I just did this. Its been 10 years since my divorce and figured it was time to get him off the deed.

Just call Member Admin. It cost $300 for title search, you fill out some forms and have them notarized and send them back.

Nothing to it, no lawyer needed.

 

[Dean]

The process is fairly simple. You fill out the "request to transfer" form and get it to member admin. They will give you a ROFR release. You record that with the deed you or someone has prepared and then send a copy of the recorded deed along with a transfer form to DVC. I know they talked about re-instituting a fee to do so but not sure if they have, if so, you'd need to send the transfer amount also. Total cost under $50 if you do the quit claim deed and recording yourself (easy to do) for a single contract. This assumes there is no loan, if there's a loan you'll need the lender's permission, good luck on getting that, or pay it off first. If you're uncomfortable with the deed prep, you should be able to get the deed only for under $100 or get a full closing for $275 or less if you do ROFR yourself.

 

[dcfromva]

Dean,
Would the steps be the similar if you are adding someone on to your deed?
Thanks,
DC

 

[Boardwalk Gal]

The process is fairly simple. You fill out the "request to transfer" form and get it to member admin. They will give you a ROFR release. You record that with the deed you or someone has prepared and then send a copy of the recorded deed along with a transfer form to DVC. I know they talked about re-instituting a fee to do so but not sure if they have, if so, you'd need to send the transfer amount also. Total cost under $50 if you do the quit claim deed and recording yourself (easy to do) for a single contract. This assumes there is no loan, if there's a loan you'll need the lender's permission, good luck on getting that, or pay it off first. If you're uncomfortable with the deed prep, you should be able to get the deed only for under $100 or get a full closing for $275 or less if you do ROFR yourself.

Thank you dean, How do i do the quit claim deed and recording myself?? It is a single contract and no loans..It is all paid off. I want to make this the cheapest way possible. It kinda hard to deal with this on phone since i am deaf and talking on phone is kinda a hardship. I also like to put this trust to my children as well.

 

[Dean]

Thank you dean, How do i do the quit claim deed and recording myself?? It is a single contract and no loans..It is all paid off. I want to make this the cheapest way possible. It kinda hard to deal with this on phone since i am deaf and talking on phone is kinda a hardship. I also like to put this trust to my children as well.

Email me directly and I'll send you a Word Template that's for a FL quit claim deed and some additional info. Going out of town for a couple of days coming up so may take me a few days.

 

[kmitchel]

I am trying to do this exact same thing for my 3 SS contracts and 1 HH contract. Does anyone have how I can record the new deed without hiring a lawyer?

 

[a742246]

This is from an earlier forum written by Louisianadisneyfan that may help you.

Yep, LouisianaDisneyFan did it on her own. Hubby and I purchased contracts in anticipation of the graduation of each of our children from college. The original contracts were purchased in just my name to make the process even simpler.

I don't know about you and your parents with regard to taxes, whether the property is financed, etc.... so I can't tell you definitively what to do. But, I can share what I did *in our situation*. PLEASE NOTE: I AM NOT AN ATTORNEY AND THIS IS NOT LEGAL ADVICE. I AM SIMPLY SHARING INFORMATION ABOUT HOW I AM CHANGING THE TITLE OF ONE CONTRACT FROM ME TO OUR DAUGHTER.

I FAXed the completed request for Waiver of ROFR back to Disney and followed with a phone call to verify that it had been received via FAX. Disney does not charge to complete the Waiver of ROFR in this situation. It can take up to a month to get the Waiver back from Disney.

In the meantime, I prepared a Warranty Deed. As I purchased this particular contract through resale, I already had an easy-to-follow warranty deed to use as a guide. If I hadn't kept a copy of this, I could have simply pulled up the recorded deed on the Orange County Comptroller's website for reference. I replaced the seller's name for the Warranty Deed with my name as "Grantor" and replaced my name in the original with our daughter's name as "Grantee." I was careful with this because THE NEW TITLE MUST EXACTLY MATCH THE NAME YOU SUBMIT TO DISNEY FOR THE WAIVER OF ROFR. I also changed all address information on the Warranty Deed, as the recorded documents were to be returned to me this time... and of course the addresses of the Grantee and Grantor had now changed from the original document as well. I had to sign this Deed in front of a notary and two witnesses. In Louisiana, typical notary fees for a deed are $25.00. In most other states, this fee is significantly lower.

Once I received the completed Waiver of ROFR back from Disney, the packet included additional instructions. I sent the executed Deed and the executed Waiver of ROFR to the Orange County Comptroller's office to be recorded. I also included a personal check for the recording fees. At the time of this writing, the recording fees are: $18.50 for the 2-page Waiver, $18.50 for a 2-page Deed, and $0.70 deed documentation fee (THIS $0.70 FEE APPLIES ONLY TO GIFTS or a purchase price under $100... it is based on the amount of the purchase price). So, the total fees I paid to OCC were $37.70.

The packet from Disney also included a form for my daughter to sign that acknowledged this is a GIFT and not a purchase of the DVC contract. I FAXed it to her to sign and she mailed the signed original back to me.

Once the Deed and Waiver are recorded, the OCC will send the recorded originals back to me. I will make copies of these recorded documents and then send these copies along with the original signed gift acknowledgement AND A COPY OF MY DAUGHTER'S DRIVER'S LICENSE as the new owner to the DVC office (the address is in the packet Disney sent). I will also send a check for any remaining balance for the current UY MFs (MFs must be paid in full before a title can be changed). Disney will then change the title in their records and send our daughter a Welcome Home package.

The total cost to change the title to our daughter's name was
Notary fee: $25.00
Orange County Comptroller: $37.70
Mailing fees (I used USPS Priority with delivery confirmation to/from OCC and Disney): $17.25

 

[kmitchel]

THANK YOU!!!! That is exactly what I needed to know!

 

[Dean]

I am trying to do this exact same thing for my 3 SS contracts and 1 HH contract. Does anyone have how I can record the new deed without hiring a lawyer?

You may need a lawyer to record it for SC but there are a couple of companies that will do it cheaply, like under $100

 

[kmitchel]

Thanks Dean. Do you know their names/contact information?

 

[taaren]

Does anybody know if you can have a trip in the works while accomplishing this or is it like a traditional sale where you can't have any reservations pending?

Also, has anybody had any experience doing this in California? Same process?

 

[Dean]

Does anybody know if you can have a trip in the works while accomplishing this or is it like a traditional sale where you can't have any reservations pending?

Also, has anybody had any experience doing this in California? Same process?

I know with 100% certainty that you can do the name change without losing current reservations. I believe CA is a little more complicated. I might suggest you look at something like LT transfers who charge $150 plus postage and recording. I looked around online and it looks like it's slightly more difficult than FL. Personally I'd do the transfer process myself including ROFR and get someone to do the deed and recording for a fee. LTtransfers has seemed to be a good choice for that type of approach from what I've seen on TUG (Timeshare Users Group).

 

[taaren]

Thanks, Dean. I'll look into LT transfers. Grr, gotta love the difficulty of California laws on everything.

 

[SuzanneSLO]

Thanks, Dean. I'll look into LT transfers. Grr, gotta love the difficulty of California laws on everything.

Although I haven't recorded a DVC transfer, recording documents in California is no more difficult than in Florida.

The website for the Orange County Recorders Office will give you information on what a document needs to look like, such as margins, title, legible notary stamp, etc. The site also lists the fees, although I also call to check my math. Then put your original Deed and the ROFR waiver in the mail with your check and an original will be returned to you in a couple of weeks.

-- Suzanne

 

[huskies90]

LTtransfers has seemed to be a good choice for that type of approach from what I've seen on TUG (Timeshare Users Group).

We used LTtransfers based on Dean's recommendation a few months ago when my fiancee needed to remove her ex from the deed. They were excellent to work with and reasonably priced. It is a pretty straightforward process but we wanted to make sure it was done correctly and done once.

 

[summabreeze85]

Magic vacation title only charges $150 to handle all the paperwork and make title changes.