Arlington, TX asked in Real Estate Law for Texas

Q: Can I claim sole ownership of an ex room mate's interest in a jointly owned timeshare, that they abandoned 22 years ago?

Purchased a Texas timeshare with a (then) room mate in 1984, verbally agreeing to share the property and expenses on a 50/50 basis. We moved apart many years ago and over 22 years ago the (now ex) room mate stopped making payments and having any involvement in the timeshare. I am now trying to get out from under the maintenance payments and have contacted the time share company, who is willing to take the property - back but asking for Warranty Deed from both myself and the ex-room mate. I was able to get an address for the ex-roommate and have sent certified letters (one she signed for, the others she would not accept) asking her to either agree to (1) take over my interest in the time share or (2) to also sign a Warranty Deed transferring her interest back to the time share company. She has not responded to the letters. As she has had no involvement in the timeshare for over 22 years, can I claim her interest as abandoned so i can get rid of the timeshare without her?

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1 Lawyer Answer
Michael Hales
Michael Hales
Answered

A: This can be difficult. I've heard of similar cases where the owner will hire an attorney to contact the ex-roommate. Sometimes they will respond to an attorney's letter where they will just ignore letters from old friends. It may be worth talking to a local attorney to see if he/she could help broker this deal.

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