How do I remove someone’s name from the deed on property that we co-own? We broke up in 1990, and co-owned a timeshare week on the Cape.

Asked on July 5, 2009 under Real Estate Law, New Hampshire


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your ex will not sign the deed to the time share over you will have to file a partition action in Massachustes where the peoperty is. This will most likely result in a sale of the time share though if they still won't bend. However it could result in you receiving over 50% share of the proeprty plus you could seek reimbursement for 1/2 of the maintenance if you paid the maintenance on the property. In addition, a Judge could order your ex to pay 1/2 of the maintennce on the time share until it is sold. These things could provide incentive for the ex to sign over the deed

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the other owner won't agree on a buyout figure, you'll have to go to court.  If you've been paying the maintenance for the last 19 years, that should work in your favor;  however, there is a good chance that this approach will lead to a court-ordered sale of the week.  Please have a lawyer in your area review all of the facts, for reliable advice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.