How do I get a judge to make an ex-girlfriend fulfill her financial responsibility of paying her half of a timeshare?

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How do I get a judge to make an ex-girlfriend fulfill her financial responsibility of paying her half of a timeshare?

I have a timeshare with an ex girlfriend and she will not pay her half of it. We are both on the loan but she is the primary account holder. I need a judge to make her fulfill her financial responsibility and order her to make payments or, in the alternative, can I have a judge court order the timeshare to take me off of the loan since she is the primary account holder? She is messing up my chances of moving forward with my new fiance when it comes to credit and buying a home.

Asked on May 11, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Judges will not order people to make payments on loans, mortgages, etc. Also, a court will not order the time share to release you from the loan obligation (after all, that would penalize the time share, and rewrite the loan it had agreed to, which a court will not do to a party (the timeshare) which has done nothing wrong.) What you can get as relief are the following:

1) If you are one of the owners of timeshare, you can seek a judidial order requiring that it be sold--your ex-girlfriend cannot require you to remain owner of something you don't want to be owner of. So if she will not voluntarily agree to sell it, you can go to court for an order.

2) While a court will not order her to make her payments, you can sue her for any losses or damages you suffer because she has not made her payments--e.g. if you have to pay the full amount to avoid damage to your credit, you can recover her share.

You can do both 1) and 2); they are not mutually exclusive. So you can both seek a sale of the timeshare and seek to recover any monies you've had to pay out on your ex-girlfriend's behalf. There are not easy claims or cases to bring; you should retain an attorney to help you.


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