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Can you pay ahead with timely payments required in a stipulated agreement and if so, how early can the payment be?

Harbor City, CA |
Filed under: Divorce decree

I was told specifically that I could not pay extra on a timeshare and that if I did, I would still be responsible for my timely payment every month, per the Divorce Decree. Specifically, the respondent has been paying full payments and at different intervals (usually early) and I have been making timely half payments. Now they want to cash out all the extra money that they paid into the loan as if they made 1/2 payment like me. Can I be forced to payback the money or give credit to the respondent for paying more? The stipulated agreement does not have any language that would spell out a 1/2 payment or full. I was told that I should make a 1/2 payment every month. Since the loan has specific conditions (how much and how long) it seems only right to pay half. Who is wrong, who is right?

Attorney Answers 3


  1. It is impossible to say without seeing all the documents involved, including the divorce decree. Contact a family law attorney, or the one that handled your divorce.


  2. I read your question three times and I am sorry to tell you that I do not understand it; who wants to cash out and what is the correlation of the overpayment to the condition of the loans; if the respondent paid in full and you paid 1/2 would the timeshare allow the respondent to cash out. One thing I know; no one can force you to give credit to Respondent unless you want the title of the timeshare for yourself alone and to assume the rest of the loan; that would not be forcing you to give credit but a negotiation for you to assume the rest of the loan.

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


  3. The contract would have to be reviewed to properly advise you.

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