I own a timeshare in Mexico with my ex-husband. Sharing ownership and monthly payment are part of agreement in divorce.

Courts have no power to change property divisions after the fact. Your agreement is your agreement and you cannot, without his agreement, do what you want to do. Your decree might give you some remedy as it relates to recoupment of his half of the payments. However, the obligation itself would most likely be governed by Mexican law so you might talk to a lawyer versed in foreign law.

When the parties end up with joint ownership of property, and one party fails to make the court ordered payments, I have seen the court sometimes treat the situation as basically a commercial partnership. The court then has authority to dissolve or re-structure the "deal" based on failure to make the agreed payments. If the court chooses to treat it as a contempt issue (i.e., failure to pay as ordered), the court might exercise its equitable powers and re-structure the property settlement. See my Legal Guides on division of assets for more information about the legal issues raised by your inquiry. Please keep in mind that although my Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my Legal Guides and select the topics relevant to your question. If you like my Answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

You're definately between a rock and a hard place. Taking your question at face value, there is nothing you can do. Your divorce resolution is cast in stone and I wouldn't recommend throwing good money after bad by taking your ex back for a contempt hearing as it may just be an issue of not enough money to go around. I recommend you look beyond your question and determine whether the timeshare has any resale market value, many of them do not. It may be the best answer is for you and your ex to work together to get rid of the interest or consider a strategic walkaway. Our firm does provide assistance to clients who don't want to continue to support their timeshare interest but don't want to be on the wrong end of foreclosure litigation either.