If an ex-boyfriend and I bought a timeshare together but he has never paid, how do I go about getting him to pay his share?

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If an ex-boyfriend and I bought a timeshare together but he has never paid, how do I go about getting him to pay his share?

I have paid several thousand but still owe several thousand. I could accept selling it or keeping it but I don’t want to pay all of it since it is not only in my name.

Asked on December 30, 2011 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your situation.  The agreement to pay is a contract between you, he and the time share people.  One would need to read the agreement but I am fairly certain it is written so that you are both "jointly and severally" liable for the payments, meaning the time share people can come after both of you or only one of you for the payments.  Now, again some one needs to read the agreement and know the law in your state, but I am fairly certain that you have rights over and against him as a co-signor on the loan.  What you have to do is to get all your documentation in order as to the payments you have made on behalf of both of you and sue him for the money.  In turn for paying you he may negotiate with you and sign over the property rights.  That does not, however, take care of the loan.  You would have to refinance in your name only but it would give you the right to sell, etc. Good luck.


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