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

Answers:

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.


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