Can I add or remove a co-owner from a timeshare title, and what steps are involved? – North Carolina

Short Answer

In North Carolina, a timeshare can be real estate (a “timeshare estate”) or a non-real-estate right (a “timeshare use”), and the steps to add or remove a co-owner depend on which one applies. If it is a timeshare estate, the change is usually handled by signing a new deed (or other recordable transfer document) and recording it with the Register of Deeds in the county where the timeshare is located. If it is a timeshare use, the change is typically handled through the program’s transfer paperwork rather than recording a deed.

Understanding the Problem

Under North Carolina real estate law, can an owner add a co-owner to a timeshare title or remove a co-owner from a timeshare title, and what steps must be completed to make the change effective? The key decision point is whether the ownership is a recorded real estate interest (a timeshare estate) or a contractual/right-to-use interest (a timeshare use), because that determines whether the Register of Deeds must be involved and what documents control the transfer.

Apply the Law

North Carolina treats a “timeshare estate” as an interest in real estate, so transfers generally follow standard real estate rules, including recordation in the county where the property is located. North Carolina also recognizes “timeshare use,” which is not an interest in real property and is handled more like personal property, typically through the program’s governing documents and transfer procedures. In either case, the timeshare’s recorded instrument and program documents often set additional requirements (such as required forms, approvals, fees, and proof of authority when someone signs for an owner).

Key Requirements

Identify the ownership type: Determine whether the ownership is a timeshare estate (real estate that can be recorded) or a timeshare use (a non-real-estate use right that generally should not be recorded as a deed).
Use the correct transfer document: For a timeshare estate, the change is typically done with a deed or other recordable instrument that clearly states who is being added or removed and how title will be held after the change. For a timeshare use, the change is typically done with the program’s transfer paperwork and an instrument evidencing the transfer delivered at closing.
Follow the correct forum and recording/processing steps: Timeshare estate transfers are usually recorded with the Register of Deeds in the county where the timeshare is located; timeshare use transfers are usually processed through the program/manager and should not be recorded as real property instruments.

What the Statutes Say

N.C. Gen. Stat. § 93A-42 (Timeshare estates deemed real estate; timeshare uses) – Explains that a timeshare estate is real estate governed by North Carolina real property law, and that a timeshare use is not real property and generally is not recorded in the Register of Deeds.
N.C. Gen. Stat. § 93A-43 (Partition) – Allows partition by sale of a co-owned timeshare interest in certain situations, but does not allow partition of the entire timeshare unit/project/program.

Analysis

Apply the Rule to the Facts: The situation involves an attempted ownership/title change or name update through a membership administration office that is temporarily closed, and a need to know what documents are required for a change or resale. Under North Carolina law, the first step is confirming whether the ownership is a timeshare estate (recorded real estate) or a timeshare use (a non-real-estate right). That classification drives what paperwork is needed and whether the Register of Deeds must record a deed (timeshare estate) or whether the change must be processed through program transfer documents (timeshare use).

Process & Timing

Who files: The current owner(s) transferring an interest (and, if applicable, the incoming co-owner). Where: If it is a timeshare estate, the Register of Deeds in the North Carolina county where the timeshare is located; if it is a timeshare use, the program’s transfer department/managing entity. What: A deed or other recordable transfer instrument for a timeshare estate (plus any required transfer package the program requires), or the program’s transfer forms/instrument evidencing transfer for a timeshare use. When: As soon as practical after signing, because delays can create title and resale problems.
Confirm the governing documents and account status: Review the recorded timeshare instrument (or deed) and the program’s governing documents for transfer restrictions, signature requirements, and whether the program requires its own forms even when a deed is recorded. Also confirm whether any liens, unpaid assessments, or program rules block processing until resolved.
Complete execution and acceptance steps: Ensure the correct parties sign (including all current owners if required), names match the current ownership record, and any required acknowledgments/notarization are completed. Then submit the package to the correct office (Register of Deeds for a timeshare estate; program transfer office for a timeshare use) and request written confirmation that the ownership record has been updated.

Exceptions & Pitfalls

Timeshare estate vs. timeshare use confusion: Recording a document for a timeshare use can be improper, while failing to record a transfer of a timeshare estate can leave the public record unchanged.
Co-owner disputes: If co-owners cannot agree on a sale or separation of interests, North Carolina law may allow a partition by sale of the interest (not the entire timeshare unit/project/program), which can change strategy and timing.
Program rules and transfer conditions: Many timeshare programs require specific forms, fees, and review steps before they will update their internal ownership records, even if a deed is recorded. Skipping those steps can lead to billing, reservation, and resale problems.
Name mismatches and signing authority: A “name update” often requires proof of the name change and consistent signatures. If someone signs for an owner (for example, under a power of attorney), the program or recording office may require additional documentation.

Conclusion

In North Carolina, adding or removing a co-owner from a timeshare depends on whether the ownership is a timeshare estate (real estate) or a timeshare use (a non-real-estate right). Timeshare estate changes usually require a properly signed transfer instrument and prompt recordation with the Register of Deeds in the county where the timeshare is located, while timeshare use changes are typically handled through the program’s transfer paperwork. The most important next step is to obtain and review the current ownership instrument and submit the correct transfer package for processing.

Talk to a Real Estate Attorney

If a timeshare ownership change is needed and the program’s administrative office is unavailable, a real estate attorney can help identify whether the interest is a timeshare estate or a timeshare use, confirm what documents control the transfer, and map out the steps to update the title and ownership records. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.