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

Asked 10 months ago - Harbor City, CA

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. Wail Sarieh


    Contributor Level 17


    Lawyers agree


    Answered . 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... more
  2. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyers agree

    Answered . 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.

  3. Sagar P. Parikh

    Contributor Level 19

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

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