Frequently Asked Questions about Timeshare Services

VOS will collaborate with your operations team to assess what your delinquency base looks like. We can then formulate an action plan to assist you in transferring your delinquent inventory back to your HOA, allowing you to monetize that valuable real estate for vacations owners.

If you are a vacations owner looking to exit your timeshare ownership, call us and let's see how we can help. We aren't an exit company, but we have assisted exit companies in satisfying some of their contracts. Additionally, we may have relationships with various developers or HOAs, and we might find a backdoor to help you rid yourself of your obligation.

Title vesting in real estate refers to the legal way in which ownership of a property is held, a concept that is particularly important for vacation owners. It defines how the names of the property owners are listed on the official documents, such as the deed. The method of title vesting determines the rights and responsibilities of each individual or entity that holds an ownership interest in the property, which can be crucial for vacation owners who may share or transfer their interests.

There are different forms of title vesting, and the choice of vesting method can have significant implications, particularly in situations like property transfers, sales, inheritance, or disputes. Some common types of title vesting include:

Sole Ownership: When a property, such as a vacation home, is owned by a single individual, it is considered sole ownership. In this case, the owner has complete control and rights over the property.

Joint Tenancy: Joint tenancy is a form of co-ownership in which two or more individuals own equal shares of the property. If one co-owner passes away, their share automatically transfers to the surviving co-owners. This right of survivorship is a distinguishing feature of joint tenancy, which can be beneficial for vacation owners who want to ensure that their property remains within the family.

Tenancy in Common: Tenancy in common is another form of co-ownership, but unlike joint tenancy, each owner can have unequal shares in the property. Additionally, there is no right of survivorship in tenancy in common, meaning that if one owner dies, their share will pass on to their heirs rather than the remaining co-owners, an important consideration for vacation owners planning for the future.

Tenancy by the Entirety: This form of title vesting is only available to married couples in some states. It is similar to joint tenancy but with an added feature that protects the property from being seized by creditors if one spouse has debts. This can be particularly relevant for vacation owners looking to safeguard their shared properties.

Community Property: In some states, married couples can hold property as community property, where each spouse has an equal ownership interest in any property acquired during the marriage, which can include vacation properties.

The choice of title vesting can have legal, tax, and estate planning implications, so it’s essential for property owners, especially vacation owners, to understand the different options available and seek advice from legal and financial professionals to make the best decision for their specific circumstances.

Short answer: because divorce changes everything—especially title.

When a married couple buys a timeshare, the ownership is typically vested as Joint Tenants (or a similar survivorship form). That means if one spouse dies, the other automatically becomes the sole owner.

But here’s the part many people don’t realize:

👉 Once a couple divorces, that joint tenancy is usually severed.

👉 Ownership effectively becomes Tenants in Common, even if the deed was never updated.

That change has serious consequences for vacations owners.

⚠️ What Happens If an Ex-Spouse Dies and the Deed Was Never Updated?

If the ownership is Tenants in Common and one ex-spouse dies:

Their share does NOT go to the surviving ex-spouse.

Their share goes to their heirs through probate.

The heirs may be children, new spouses, relatives—or people you’ve never met.

At that point, transferring or selling the timeshare can become:

Legally complex

Time-consuming

Expensive

And sometimes completely stalled for years.

This is one of the most common (and avoidable) title nightmares we see.

🧾 Other Reasons to Remove an Ex-Spouse From the Deed

Leaving both parties on title after divorce can cause problems immediately—not just later.

Shared Financial Responsibility

Both names on the deed = both parties are legally responsible for maintenance fees, special assessments, and related debts.

Continued Access Rights

Until title is changed, both parties retain full rights to use or access the timeshare.

New Spouse Complications

If one ex-spouse remarries—especially in a community property state—the new spouse may acquire legal rights or claims. In some cases, this requires a spousal deed to properly clear title.

Future Transfers Get Messy

Selling, gifting, or transferring the ownership later becomes far more complicated if both ex-spouses (or their estates) are still involved.

🏛️ What Are Community Property States—and Why Do They Matter?

Community property states treat most property acquired during marriage as jointly owned by both spouses. This can impact timeshare ownership and spousal rights for vacations owners.

Community Property States include:

Arizona

California

Idaho

Louisiana

Nevada

New Mexico

Texas

Washington

Wisconsin

⚠️ Alaska is not automatically a community property state, but couples may opt in by agreement.

In these states, failing to update title after divorce can unintentionally create rights for a new spouse—even if that was never the intent.

✅ The Bottom Line

Divorce does not magically fix title.

If you are divorced and still co-own a timeshare with your ex-spouse:

survivorship rights may already be gone,

probate may now be inevitable if someone passes away, and

costs and delays increase the longer this is ignored.

🚨 CHANGE YOUR TITLE WHEN YOU GET DIVORCED.

It’s faster, cheaper, and far less painful to fix now than to let it turn into a probate and heir-tracking nightmare later.

Q: What happens to a timeshare when the owner kicks the bucket (a.k.a. dies) and it wasn’t held in Joint Tenancy?  

Ah, the age-old question: “WHAT NOW?!” (usually said while staring into the abyss or a pile of paperwork).  

If the dearly departed was thoughtful enough to leave behind a will—and that will actually mentions the timeshare—and the estate has been through probate, then congratulations! You’re already ahead of the game. Gold star for the decedent.  

BUT if there’s no will, or the timeshare wasn’t mentioned, or probate hasn’t happened, then you’ll need a little help from the court system. This magical process is known as short probate, typically used for real estate that’s worth less than the state-mandated value.  

The good news? In many cases (like in Nevada), it’s not a full-blown courtroom drama. No high-powered attorneys. No mountains of cash. Just a bit of paperwork and some patience.  

Nevada folks, here’s your cheat sheet: Civil Law Self-Help Center – Estates Less Than $100,000  

And finally, for the love of legal disclaimers:  

💡 This is PRACTICAL ADVICE, not LEGAL ADVICE. So don’t sue us—we’re just here to help you avoid unnecessary ghost hauntings over paperwork. Remember, for vacations owners navigating these processes, having clear documentation can make all the difference.

A jurat is a type of notarization used when someone needs to swear that the contents of a document are true. This can be particularly relevant for vacations owners who need to provide accurate information in legal documents. 

In a jurat, the signer:

- appears in person before the notary

- takes an oath or affirmation, and

- signs the document in the notary’s presence.

The notary then completes a jurat certificate, which confirms that the signer personally appeared, swore to the truthfulness of the document, and signed it in front of the notary. Think of it as a legally binding “I promise this is true.”

📄 What Types of Documents Use a Jurat?

Jurats are commonly used for documents where accuracy matters and false statements carry legal consequences, including:

- Affidavits – Written statements of fact.

- Depositions – Sworn testimony taken outside of court.

- Affidavits of Death – Used to remove a deceased owner from title.

- Verified or Sworn Statements – Any document signed under penalty of perjury.

⚖️ Jurat vs. Acknowledgment: What’s the Difference?

This is one of the most common points of confusion.

- Jurat: The signer swears (or affirms) that the contents of the document are true, and the signature must be made in front of the notary.

- Acknowledgment: The notary verifies the signer’s identity and confirms they signed voluntarily—but does not verify the truth of the document.

In short:

- Jurat = truth is sworn

- Acknowledgment = signature is confirmed

🚫 What Documents Typically Do Not Use a Jurat?

Certain documents usually require acknowledgments or witness signatures instead of a jurat, including:

- Wills

- Trusts

- Deeds

Using the wrong notarization can cause delays or rejections, so it’s important to match the document to the correct notarial act.

✅ What Makes a Jurat Valid?

For a jurat to be properly completed, all of the following must occur:

- Personal Appearance – The signer must physically appear before the notary.

- Oath or Affirmation – The notary administers an oath confirming the document’s truthfulness.

- Signature in Presence – The document is signed in front of the notary.

- Proper Certificate Language – The notary completes the jurat using “subscribed and sworn to” wording.

If any step is skipped, the jurat may be invalid.