How do I remove my name from property bought prior tomy divorce?

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How do I remove my name from property bought prior tomy divorce?

My ex-wife and I have been divorced for 9 years. There is a timeshare that is paid off but accruing maintenance fee’s. I have been paying up until now to avoid it hurting my credit. The timeshare is in both of our names and was purchased when we were married (I was the sole income provider). She is currently looking to claim bankruptcy and no longer cares what hits her credit. I have been trying to get my name off the title so that if and when the company goes after her for the fee’s I will not be affected. The company has e-mailed me and told me that she needed to sign off on their paperwork and that I needed to pay the $250 fee to remove my name from the title. I don’t care about paying them the money and have told my ex-wife that I will be doing so. However, she has the title and refuses to sign off on any paperwork so that my name is removed. I am at a loss as to what my options are. This property was not discussed in the divorce decree. I am forced to continue to pay the maintenance fee’s. Do I file in IN where we we divorced? Can I give someone a power of attorney to do so on my behalf? I am active duty Army and will be stationed in HI in 2 months; I am currently stationed in TX. So I will not be able to come back and forth to court. Lastly, as far as I know my name was somehow removed from the mortgage when she refinanced, but remained on the title (I’m not sure how). What do I do?

Asked on November 4, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to hire an attorney to help you.  You and the attorney have to figure out what your best option is here.  Should you bring an action to modify the divorce decree or should you bring an action against her that will put some pressure on her to sign those papers, like fraud I am thinking.  I am thinking that because how was your name removed from the mortgage?  Did someone forge your signature on something?  Or maybe a motion to compel her to sign the papers needed since you can now say she owns the property outright. I do not know what the answer is a your decree needs to be reviewed and you need to discuss your options face to fact.  But you need legal help on figuring it out.  Good luck.


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