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Recently Divorced? A question we often hear is, "I've just divorced, and I got the timeshare in the settlement. Can you take my former spouse's name off my account?" As it is our policy not to make changes as to ownership until the records have been changed in Broward County (which is where your property is located), your former spouse will need to sign a Quitclaim Deed, giving you his/her interest in the property. This same Deed can be used to change your name (if you're a woman who's gone back to her maiden name, for example) or to add a new spouse, child, or someone else to the title. (Click here for information on transfers.) If you are not changing your name or adding anyone, only the person giving up interest will need to sign the Deed. Otherwise, both owners will need to sign the document. All signatures must be notarized and witnessed. Sadly, a follow-up question to the above is often, "My former spouse is a jerk, and I don't think s/he will sign the papers. What can I do?" Most divorce decrees stipulate that the spouse who is giving up interest in any marital property must sign the necessary paperwork to do so. If your decree does include this stipulation, and your spouse still won't sign, you can ask a judge to force the issue. If the stipulation is not there, have a talk with your attorney (who should have put it there in the first place) and see what s/he can do. If all else fails, call me and I'll see if I can help. |
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