My ex-wife and I own property in Missouri (a time share). I recently traded in this time share towards the purchase of another with the same company. However, now I'm having trouble getting my ex-wife to transfer the original deed to my name only to complete this transaction. Is the 2nd contract enforceable if I can't get the original deed transferred so that I can trade it in? I don't want to end up with 2 payments and would just as soon cancel the 2nd before that happens.

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Originally Posted by sporr

My ex-wife and I own property in Missouri (a time share). I recently traded in this time share towards the purchase of another with the same company. However, now I'm having trouble getting my ex-wife to transfer the original deed to my name only to complete this transaction. Is the 2nd contract enforceable if I can't get the original deed transferred so that I can trade it in? I don't want to end up with 2 payments and would just as soon cancel the 2nd before that happens.

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A little more information. I've reviewed my paperwork. All of the financial documents that I've signed detail the use of the equity in the original property towards the new property. So now I'm not sure what will happen if the original property can't be traded after all.

If you and her own property jointly and she has never signed her share of it over to you, you can not trade it in, until she signs it over.

If it has been ordered by divorce court and she still refuses, you may have to take her back to court again for failing to do so.

And the 2nd contract will depend on the wording, if you made the contract to depend on that transfer, So it is hard to tell, of course the seller of the other time share will want and expect to hold you to it
But you are bound by exactly the terms of the contract