What to do if my ex-spouse died but my name was still on the deed to the timeshare?

UPDATED: Oct 31, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my ex-spouse died but my name was still on the deed to the timeshare?

My deceased ex-husband and I were deeded a timeshare property from his parents as a gift. The deed says to X and his wife Y. We divorced 3 years ago and he died the year after. I wasn’t his wife at the time of his death. Does that mean I have any responsibility for this property? Or should it to to his heirs/parents? Or split? The only thing our divorce papers said was that we were going to try and sell it.

Asked on October 31, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written about the time share, you are a tenant in common with the estate of your deceased husband over it, each owning a 50% interest.

As a co-tenant, you have the responsibility to protect your interest in the time share assuming it has any value to you. You can use the time share or rent it out without needing permission from the estate. However to sell the time share, title will need to be transferred  into the name of the trust as to the 50% owned by the deceased spouse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption