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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and his Ex-wife had a timeshare in mexico. when

Customer Question

My husband and his Ex-wife had a timeshare in mexico. when they divorced in 2007 we wrote to the timeshare resort to find out how to close it. we received a email but his wife said he could not close it and she wanted to carry on with it. we have a note signed by her and my husband stating that she would be liable for all costs. Fine, we heard nothing till July 13, when she wanted to surrender the share and need my husbands signature. we have now managed to surrender out of the timeshare (notary costs etc) but we have now had a bill for unpaid fees from January 2013, which she should have paid before the surrender documents were signed or even sent. In October - the fees, because she did not pay them were send to a debt collection agency in California - and now, because they have our address we are receiving bills at approx 1 month and emails about 2 a month. We could just pay it (it stands at $500 dollars) but feel as it should have been paid by her before she approached us about the surrender, she should have paid it. is there any chance, that if we pay is so it wont incur any more costs, we could take it through the small claims court to retrieve it back?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a final Financial Order within the divorce proceedings - and if so what did it say about the timeshare?
Customer: replied 4 years ago.

There was no mention of the timeshare in the divorce proceedings.

Customer: replied 4 years ago.

We really just need to know if we pay the bill to stop any further costs, can we make a claim through the small claims court to get it back from her? We possibly should have sorted it out legally years ago.

Expert:  Clare replied 4 years ago.
Just to check (as it is relevant) was there actually a final financial order.
If there was then yes you can indeed make a claim via the small claims court base don the written agreement signed by them both.
You can use the Money Claim Online service
I hope that this is of assistance - please ask if you need further details