Remove a Name From Timeshare Deed

How do you remove a name from timeshare? What is a Quitclaim Deed?

Reasons for changing the name listed on your timeshare contract vary. Maybe you purchased a timeshare with family and have come to find that only one person is using it. Perhaps you’ve just gotten married and need the timeshare deed to reflect your new name.

Some of the most common reasons to have a name removed/changed on the timeshare deed include:

  • Transfer into a Trust
  • Transfer into a company name
  • Removing a Deceased person’s name
  • Name change resulting from marriage, divorce or legal change of name
  • Transferring to children or other family members

What is a Quitclaim Deed?

In simplest terms, a Quitclaim Deed (also referred to as Quick Claim Deed or Quit Claim Deed) is a legal document that transfers interest in real property from one person to another. Each state has their own regulations on whom the deed must be signed by and what it must contain, so it is wise to seek legal counsel when considering this type of action. A few hundred dollars for an attorney to assist you through the process is worth the thousands you could end up spending later when you find out you’re still responsible for timeshare payments.

Where Does the Quitclaim Deed Need to be Filed?

A quitclaim deed needs to be filed in the county where the timeshare is located. The Quitclaim needs to be notarized before it can be recorded with county clerk’s office. The Quitclaim deed used will also need to be from that particular state, despite where you live.

Who Needs to Sign the Quitclaim Deed?

To be legally effective, it must be signed by the grantor (the person giving up interest in the timeshare), and describe the timeshare property. Most states also require the person being granted the timeshare, called the grantee, to sign as well. Issues can arise if the deed is only signed by the party wishing to give it up, because this gives the option to the person being given the deed to refuse sole ownership, meaning the grantor will still have an interest in the property.

To put it another way – if there is anyone else listed on the timeshare deed and they do not sign the Quitclaim, their rights to the timeshare will be unaffected. The Quitclaim deed will only affect those who have signed.

How to I Get a Quitclaim Deed?

There are a number of web services that specialize in legal documents – Law Guru, Legal Zoom, and US Legal Forms are a few examples. A Google search for “Your State Quit Claim Deed” is bound to yield some results. If you aren’t comfortable going this route, either contact a timeshare lawyer, other property lawyer or even the resort through which the deed will need to be executed.

An important clarification –

The purpose of a Quitclaim deed is for a person listed on the timeshare deed to be able to dissolve their interest in the property. The Quitclaim only works if the person being given the timeshare also signs and agrees to accept the property. Therefore, you may not unilaterally decide to give your timeshare to someone else or to take yourself off of the deed without the other involved parties consenting.

I have come across discussions on various forums from people saying they were going to use a Quitclaim to return their timeshare back to the resort. This may sound good in theory, but the likelihood of the timeshare resort taking the timeshare back is not very good. Remember, the person/entity to whom the timeshare is being transferred has to also agree to accepting the property. It does you no good to complete the Quitclaim to dissolve your interest in the property if the other party is unwilling to accept it – in the eyes of the law it is still yours.

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  1. My mother and father got a timeshare together when they were married. After they divorced he kept using it/paying for it until he didn’t. They could no longer get in contact with him so she got saddled with the debt from it despite not using it. They won’t let her get rid of the timeshare without his permission and they won’t let her take her name off of it, or his name off of it. What kind of options does she have?

  2. My boyfriend and I purchased two timeshares, first one which is paid for and I’m paying on second one still for 3 more years. Since we purchased the second one he’s since passed away. I’m wanting to take his name off the deeds of both timeshares. He has 2 children from a previous marriage but neither of them are interested in it nor have they paid or offered to help on the remaining timeshare nor maintenance fees. I’ve asked timeshare if I could remove his name I have a copy of death certificate. They tell me “ no” because we weren’t married and he had no executor or his stuff because he had nothing. He lived in my home and was on disability last year of his life. My question is is there or what can I do to have his name removed from both deeds which I’m the main account holder on both. It went thru my checking and credit but his name was on deeds

    1. I am in the same situation.My SO and I parted ways. I have always been the one to make the payments.We at one time did use them. Since we are not together how do I get his name off ? He is willing to sign off….

  3. I bought a timeshare with my ex wife in the 90s and now we are divorced. WE decided at the divorce that we would alternate years. Well now I want out of it but she doesn’t want to sell bc she likes using it every other year. I want my name off the deed. If she refuses, what recourse do I have??? I’ve offered to just give it to her but she doesn’t want it every year.

  4. I want to know how I can take my name of from a time share, my boyfriend and I signed for it and we both agreed to remove my name from it but how can I do it?

  5. i received a time share after my divorce( unfortunately ). since then my x has passed. How do I legally change the title so i can sell it. ?

  6. I did not think to add my timeshare in the divorce and it has been paid off for a few years. Should I do a quit claim deed to have his name removed or what are my options?

  7. I have been divorced for 8 years now and my ex was rewarded 2 time shares one in Florida and 1 in Rocky Point. I recently received a quit claim deed he wants me to sign for just the time share in Florida. However I went back to my former name and now this has become a real pain. Further I don’t trust him. What can happen if I don’t sign it? I don’t have the money to hire a lawyer. Any ideas?

    1. I hope you didn’t sign it. Timeshares are a pain to get rid of. Nothing will happen if you don’t sign it. It will still remain in his name. Don’t accept it. Don’t take it. You pay maintenance fees each year which end up being the same amount or similar for paying for a vacation out of pocket anyhow; or you can always rent a week from an owner. Timeshares are not worth it.

  8. My husband and I just signed a timeshare deed with my mother in law yesterday. But my husband and I are having second thoughts, can we get out the deed and just leave my mother in law. If so how do we do so. Our timeshare is in west gate orlando.

  9. My mum owns a time share that she is in the processes of changing the deeds from her name to the new owner but he still has not signed the deeds he keeps saying he will but has not done so yet all paper work has been completed its just the change of ownership were does she stand with this

  10. I own time share in St Augustine fl with My x Husb I am the one who paid maint fee’s to use it, he has passed away, they have original death cert, to remove his name, not good enuf, they need the executor, there is /was no will there is no executor, I have a 19 year old son they want his name on it?? why? cannot it just remain in my name?? I am looking to sell it, literally paid 2200 to catch up on maint fee’s and collectors fees!! in March 2016. statute 721.17 doesn’t help me. In the state of AZ you do not need to be an executor just a “personal representative” is that gonna be good enuf for these people?? or really are they just lying to to me and I can remain on time share without adding my son, to sell it!!!?????

      1. Do NOT under any circumstances add your child’s name to a time share for any reasons; beneficiary, NOTHING. That makes your child responsible and liable forever. If you cannot get out-of-it, what do you expect will happen with your child; they will be co-liable (if that is a word).

    1. do not do this they will make him pay after your death this is a racquet unless he wants to be responsible for the rest of his life if he doesn’t pay they will sue him

  11. The timeshare we are staying at in Mexico claim that they can take my timeshare as a donation. I own this with my ex-husband and it is paid off. Is it possible for me to sign him off of the deed without him being present? He has not paid the maintenance fees or taxes in 15 years. I am hoping somebody can comment on this right away. I need to make a decision. Of course everything sounds too good to be true. But if I could get out from under the maintenance fees and work with them on their program it sounds like it would be better. Thanks

      1. Olivia, my name is on a timeshare with three others. after it’s paid off, can I get removed from the deed if the others don’t cooperate???

  12. I have found out the “Hard” way,after many letters
    To the court house in Florida… Legal Description means
    The name of the Resort you purchased your time share,
    But they DON’T tell you that’s what they mean…

  13. Want to have my 3 sons names titled on our deed of our timeshare which at the same time places them as beneficiaries. What is the cost and the timeframe it takes?


    Robin Shenk

    Gainesville, FL

    1. Don’t put your children,s name on it unless they want and understand what they are doing. They will be responsible for the maintenance fees and any outstanding payments.

      I tried to sell my 3 weeks for 1 dollars, No takes in 6 months. I let them forclose on the property. I am now trying to get my credit report fixed up, forclosers stay on for 7 years. It hasn’t effected me that much, and I can live with it. Would not wish a time share on my worst enemy. Cheaper to stay in the Hilton, nicer too.

        1. Canadians buy a lot of timeshare as do south Americans. So I would post on craigs list or other sites on the internet that you have it for sale so they can find you. Especially if the timeshare is in Florida or somewhere warm in the winter. I have seen on ebay where they offer a 500 dollar gift card if you buy as an incentive to get rid of it fast.

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