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Jpearce911
Apr 24, 2009, 02:28 PM
How do I go about filing a Quiet Title Suit against someone to get their name removed from a deed. Long story short, I was in a relationship and put my partner down on a deed to a timeshare. She is not a co-owner, or co-signer, but has her name on the paperwork to where she is able to use the facility. We have been separated since Nov. 2008 and I just recently found out she is using the timeshare when she should not have any rights to it. When we were together it was different, but now that we are not, she is not supposed to be using it. I can give proof that I am the only person that has been paying for the timeshare, I am the sole one in charge and responsible for paying all the maintenance fees as well. I still owe almost 9,000 on it and can't just let it go into foreclosure because it will just make my credit bad. What else is there that I can do. She has told me that she wants to buy me out, but coming from someone who doesn't have any money, is constantly doing drugs and being in trouble with the law, as well as not being able to hold a job how am I supposed to get her name off the deed. She will not sign the quit claim deed either so voluntary will just not work. If anyone knows what I can do please let me know. We live in Texas so laws here are harder to follow.

AK lawyer
Apr 24, 2009, 03:28 PM
... I was in a relationship and put my partner down on a deed to a timeshare. She is not a co-owner, or co-signer, but has her name on the paperwork to where she is able to use the facility. ...

It looks to me that she certainly is a co-owner. You gave her an ownership interest. That is what a deed does.

Jpearce911
Apr 24, 2009, 03:43 PM
It looks to me that she certainly is a co-owner. You gave her an ownership interest. That is what a deed does.

Well it wasn't supposed to be that way. She was only supposed to be listed as a person who could access the account, i.e. make reservations, call about account... not be listed as a co-owner on the deed. I am still in the process of going over everything on the deed itself to figure out just how she is listed. Texas has funny laws when it comes to real estate and from what I've heard I have to wait until it's paid off before I can even take her to court for a Quiet Title Suit just to get her name off. Only other option is to have them forclose on it, claim bankruptcy which in turn screws my credit.

ScottGem
Apr 24, 2009, 04:34 PM
As noted, when you put someone on a deed, you give them an ownership interest. So you are pretty much stuck. Next time make sure you read the fine print and understand what you are doing.