Separation after DVC membership

[kbwright]

Sorry to hear about your break up.

My situation was a bit similar. My ex and I bought into DVC in 2009. It was my thing not his but we put it in both our names having been together for 5 years at that points. I made the down payment and when we broke up 2 years later had made the majority of the monthly payments because he started a business and wasn't making much. We made an agreement (in writing) after DVC told us because we were not legally married that he could not be removed without a divorce decree that I would continue to make the payments so as not to damage his credit and he would never lay claim to anything and when the time came sign everything over. FF a few years I am happily married, he has a baby and a fiancé and a house and paperwork literally was recorded for the transfer in FL 2 weeks ago and I am just waiting for Disney to update their records. Thankfully our breakup was very civil and we both kept up our end of the agreement.

You have to do what is financially in your best interest. If you do decide to keep the contract with your name on it, get whatever you agree upon in writing at least because your name is on it until the mortgage is paid and the title transferred. Good luck!

 

[KAT4DISNEY]

How long until its paid off?
If both of you maintain a healthy credit standing it will not be an issue, once it is paid off:

1. Call member services, and have them send you a form for a Gratuitous Transfer/Waiver of ROFR. Fill that out and sand send it back to Disney, they will then send you the ROFR Wavier.
2. File a Quit Claim Deed. I used an attorney for this, Jeffery Sweet in Ormond Beach. Good service and very reasonable in my option.

With the sounds of it, your ex fiance is the one running the risk. If she continues to pay on it, and you do not sign the Quit Claim Deed, she really has no legal claim to it being entirely hers.

I had one with an ex girlfriend. I paid the purchase price 100%. I paid 100% of the dues. I had trouble getting her to sign the Quit Claim Deed. Had a lawyer tell me, I would have to sue her, IN FLORIDA, and a judge could easily rule against me, and I would have more in legal fees than the thing was worth. (Luckily she signed)

Anyway, follow steps 1 and 2. You can obviously use any attorney you want (or even do it yourself). I just recommend someone I was happy with.

That is only possible if there is no loan on the property.

 

[jerseyduke]

That is only possible if there is no loan on the property.

Of course - If there is a mortgage on a property, you don't own it! Bank might object to you trying to transfer ownership of their property!

 

[Dean]

Thanks for the words of advice everyone . Just update I spoke with my ex fiancee and she will keep paying it on her own and when it's paid off she will send paperwork to remove me from DVc paperwork.

If she has the credit she can get a new mortgage from a different source, pay it off and take your name off. You meed to get this changed or sold for your protection. If you don't you need to monitor it to be sure she continues to pay until it's changed.

 

[bumbershoot]

We made an agreement (in writing) after DVC told us because we were not legally married that he could not be removed without a divorce decree

That’s unfortunate that they said that. Glad you have it transferred now.

 

[kbwright]

That’s unfortunate that they said that. Glad you have it transferred now.

Yeah, neither of us we very happy because we were both willing to sign whatever was needed back in 2011. I think it was because the mortgage was still being paid off. But thankfully it is all just about settled now!