transferring points within family question

dsanner106

DIS Veteran
Joined
Apr 3, 2003
Messages
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I am considering gifting some points to a family member and don't want to go through rofr and lose them or anything like that. They are not on my deed currently what is the best way to accomplish this?

Drew
 
I am considering gifting some points to a family member and don't want to go through rofr and lose them or anything like that. They are not on my deed currently what is the best way to accomplish this?

Drew
If it's a family member and a true gift you have no risk of losing the ownership. You can even make reservations and they can transfer. If it's not truly a gift, different ball game.
 
I am considering gifting some points to a family member and don't want to go through rofr and lose them or anything like that. They are not on my deed currently what is the best way to accomplish this?

Drew

Just gifting them some points to use, or giving them an entire contract? If you just want to make a reservation for them, that's simple. If they are also members and you want to transfer some points for use, that's simple, too. If you want to transfer ownership of a deed, then it does still go to Disney for ROFR, but will be waived automatically if it is truly a gift.
 

You mention gifting "some" points. For each contract that you purchased, you cannot sell or give away only part of the contract. Thus, for example if you bought a 160 point contract and then later entered into another contract to add on 50 points, you can give away the 160 points, or the 50, or both, but you cannot relinquish just a portion of either of your contracts.

Disney does not actually have a right of first refusal for an actual gift. However, you still must go through the ROFR process for two reasons: Disney has a right to be notified and determine that it is in fact a gift and not a sale and, more important for the person receiving the gift, Disney needs to file its notice of waiver of the ROFR so that if your relative latter tries to sell the property, the title search won't show a variance because the transfer you mad is not shown in the public record file as being relieved of the ROFR.

The gift would require a transfer by deed and usual filings with county recorder for a transfer of real estate and payment of any applicable transfer fees or taxes (usually not much). It is something you could learn to do if you have the time and want to put in the effort or, if you are willing to pay an additonal fee, you might contact one of the closing companies or a lawyer to get some assistance. In fact, if it is to be a gift to a relative, you might want to contact member admininstration (second prompt on the 800 member services line) and discuss it with them and see what forms they may be able to provide.
 















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