What to do if my ex-spouse died but my name was still on the deed to the timeshare?

My deceased ex-husband and I were deeded a timeshare property from his parents as a gift. The deed says to X and his wife Y. We divorced 3 years ago and he died the year after. I wasn’t his wife at the time of his death. Does that mean I have any responsibility for this property? Or should it to to his heirs/parents? Or split? The only thing our divorce papers said was that we were going to try and sell it.

Asked on October 31, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written about the time share, you are a tenant in common with the estate of your deceased husband over it, each owning a 50% interest.

As a co-tenant, you have the responsibility to protect your interest in the time share assuming it has any value to you. You can use the time share or rent it out without needing permission from the estate. However to sell the time share, title will need to be transferred  into the name of the trust as to the 50% owned by the deceased spouse.


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