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How to Transfer a Hawaiian Interval, Vacation Plan, or Timeshare

Hawaiian interval, vacation plan, or trust

Fractional real properties in Hawaii have several names: interval, vacation plan, or timeshare. Hawaiian timeshare is the most common term.

 

A deed recorded with the Bureau of Conveyances is needed to change, add, or remove an owner of a timeshare. Trusts, limited liability companies, and gifts require a change in owners. Divorce, marriage, or allowing or preventing access to a timeshare resort requires adding or removing a co-owner. 

Trusts

A trust avoids probate. But the trust must own the timeshare. The current owner signs a deed to transfer their ownership to their trust. On the owner’s death, a second deed transfers ownership out of the trust to the beneficiary who is to receive the timeshare.

Limited Liability Company

A person forms a limited liability company for tax purposes and liability protection. To work, the timeshare must change from the owner to a limited liability company by deed.

Gifts

Deeds are used to gift timeshares. The current owner no longer uses the timeshare but continues paying annual maintenance fees. A win-win situation is to gift the timeshare to someone who will use the timeshare. The new owner has access and use to a timeshare in Hawaii. The prior owner is relieved of the obligation to pay maintenance fees.

Divorce

In divorce, a deed removes one spouse as owner. Removing a spouse is important because as long as both ex-spouses remain owners, both have access to the timeshare and are liable for the maintenance fees.

Add Co-Owner

Deeds also add a spouse, friend, or relative as a co-owner. Adding a new co-owner gives the new owner access to the timeshare. Adding new owners as joint tenants avoid probate on the death of a joint tenant owner.

Hawaiian Interval, Vacation Plan, or Timeshare Summary

A deed recorded with the Bureau of Conveyances is needed to change, add, or remove an owner of a timeshare. Trusts, limited liabilities companies, and gifts require a change in owners. Divorce, marriage, or allowing or preventing access to a timeshare resort requires adding or removing a co-owner. The recorded deed is forwarded to the timeshare company to update their records of owners.

Mark W. Bidwell provides this press release. Mr. Bidwell markets through the website DeedAndRecord.com. The office is at 4952 Warner Avenue, Suite 235, Huntington Beach, CA 92649. Phone is 714-846-2888.