Many timeshare ownerships are deeded real estate. As a result, transferring a timeshare is subject to the real estate laws of the state where the property is located—not the state where the owner lives.
Below is a practical, state-by-state reference outlining known requirements for transferring timeshare ownership, including who may prepare documents, notary or witness rules, and when an attorney may be required.
Note that all of these laws are subject to change and while this is a great overview/guide, we also provide links to the actual state laws, guides and manuals provided by each individual state here
State Timeshare Laws!
- Alabama
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear in the top right corner of the first page, or bottom left corner of the last page.
- An individual may prepare their own instrument; otherwise it should be prepared by an attorney.
- Alaska
- No listed requirements.
- Arizona
- No listed requirements.
- Arkansas
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear in the top right corner of the first page, or bottom left corner of the last page.
- Instrument must be prepared by an attorney.
- California
- No listed requirements.
- Colorado
- No listed requirements.
- Connecticut
- No listed requirements.
- Delaware
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear typed or printed in the upper right corner of the first page.
- An attorney is not required to prepare the instrument.
- District of Columbia
- No listed requirements.
- Florida
-
- Name and address of the natural person who prepared the instrument must be printed, typewritten, or stamped on the instrument. See Florida Statute § 695.26.
- Name and address must appear in the upper left corner of the first page.
- An attorney is not required; however, if a title company prepared the instrument, preparation must be incidental to issuance of a title insurance policy and there cannot be an extra charge above the authorized title insurance premium. A title company may not charge for preparing title documents if no risk premium is charged and no policy is issued where the services would otherwise constitute the unauthorized practice of law. See Preferred Title Services, Inc. v. Seven Seas Resort Condominium, Inc., 458 So. 2d 884 (Fla. 5th D.C.A. 1984); The Florida Bar v. Columbia Title of Florida, 197 So. 2d 3 (Fla. 1967); and The Florida Bar v. McPhee, 195 So. 2d 552 (Fla. 1967).
- Georgia
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear typed or printed on the top 3 inches of the first page.
- An attorney is not required to prepare the instrument.
- Guam
- No listed requirements.
- Hawaii
-
- Name and address of person who prepared the instrument is not required to appear on the instrument.
- An attorney is required unless the preparer is a party to the instrument and prepared the document in the State of Hawaii.
- Idaho
- No listed requirements.
- Illinois
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on the document following the line: “This document was prepared by...”
- An attorney is not required to prepare the instrument.
- Indiana
-
- Name of person who prepared the instrument must appear on the instrument.
- Name must appear at the end of the deed.
- An individual may prepare their own instrument; otherwise an attorney is required.
- Iowa
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on page 1 below the 3-inch margin.
- An attorney is not required to prepare the instrument, but is recommended.
- Kansas
- No listed requirements.
- Kentucky
-
- Name and address of person who prepared the instrument must appear on the instrument.
- An attorney is required to prepare the instrument.
- Louisiana
- No listed requirements.
- Maine
- No listed requirements.
- Maryland
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear somewhere on the document.
- A party to the instrument may prepare their own instrument; otherwise an attorney is required.
- Massachusetts
- No listed requirements.
- Michigan
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on page 1, or at the bottom of the last page.
- An attorney is not required to prepare the instrument.
- Minnesota
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on the document following the line: “This document was prepared by...”
- An attorney is not required to prepare the instrument.
- Mississippi
-
- Name, address, and phone number of person who prepared the instrument must appear on the instrument.
- A party to the instrument may prepare their own instrument; otherwise an attorney is required. (Note: attorney state bar number required on the document.)
- Missouri
- No listed requirements.
- Montana
- No listed requirements.
- Nebraska
- No listed requirements.
- Nevada
- No listed requirements.
- New Hampshire
- No listed requirements.
- New Jersey
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on the first page of the document.
- An attorney is not required to prepare the instrument.
- New Mexico
- No listed requirements.
- New York
- An attorney is required to prepare the instrument.
- North Carolina
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on the front page of the document.
- An attorney is required to prepare the instrument.
- North Dakota
- No listed requirements.
- Ohio
-
- Name and address of person who prepared the instrument must appear on the instrument.
- A party to the instrument may prepare their own deed; otherwise an attorney is required.
- Oregon
- No listed requirements.
- Pennsylvania
- No listed requirements.
- Puerto Rico
-
- Name and address of person who prepared the instrument must appear on the instrument.
- An attorney or notary is required.
- Rhode Island
- No listed requirements.
- South Carolina
- An attorney is required to prepare the instrument.
- South Dakota
-
- Name, address, and phone number of person who prepared the instrument must appear on the instrument.
- An attorney is not required to prepare the instrument.
- Tennessee
-
- Name and address of person who prepared the instrument must appear on the instrument. § 66-24-115.
- Name and address must appear following the line: “This document was prepared by...” (typed, stamped, or printed) on the first page.
- An attorney is required to prepare the instrument. § 23-3-101, T.C.A.
- Texas
- No listed requirements.
- Utah
- No listed requirements.
- Vermont
-
- Name, address, and phone number of person who prepared the instrument must appear on the instrument.
- An attorney is not required to prepare the instrument.
- Virgin Islands
- No listed requirements.
- Virginia
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear on the front page of the document.
- An attorney is required unless the preparer is a party to the transaction.
- Washington
- No listed requirements.
- West Virginia
-
- Name and address of person who prepared the instrument must appear on the instrument.
- Name and address must appear at the conclusion of the document. W. Va. Code § 39-1-2a.
- An attorney is not required to prepare the instrument.
- Wisconsin
-
- Name and address of person who prepared the instrument must appear on the instrument. § 59.513.
- An attorney is not required to prepare the instrument.
- Wyoming
- No listed requirements.
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