What to do if my ex-spouse died but my name was still on the deed to the timeshare as joint tenants with the right of survivorship?

UPDATED: Dec 10, 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.

UPDATED: Dec 10, 2011Fact Checked

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 as joint tenants with the right of survivorship?

My husband and I divorced 7 years ago and the two timeshares were split between us. He never removed my name from his timeshare deed. He passed away this year. What do I do about this timeshare? Do I now own it? Am I liable for the maintenance fees? I don’t have a copy of the deed. He died without a ill.

Asked on December 10, 2011 under Estate Planning, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your name on the time share deed as a joint tenant with the right of survivorhip or in some other capacity? if it is as a joint tenant, you receive your former spouse's interest in the time share that you are writing about by way of operation of law.

Since your name is on the time share deed and your former spouse is not around to pay the maintenance fees, you and perhaps his estate are responsible for the fees. I suggest that you consult with a Wills and trust attorney about the situation you are writing about after you obtain a copy of the time share deeds.

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