What happens to a divorce agreement once one of the parties to it dies?

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What happens to a divorce agreement once one of the parties to it dies?

My father died and he divorced his wife years ago. Part of their divorce agreement was that he was to put the house on the market 21 days after the date of the agreement, sell the house and give her $125,000. He tried to sell the house for years and she refused to take any of the offers on the property. Is that divorce agreement still in effect now that my father is dead?

Asked on June 16, 2015 under Family Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the divorce agreement was reduced to an order, then the order still controls.  Your father's estate can force the house to be sold and the proceeds divided per the original decree.  If there was no order, just some type of written contract, then then contract will control how the property will be disposed of.  The executor of his estate can enforce the contract.  I really suggest that you arrange for a consultation with a divorce attorney and probate attorney because there are overlapping issues between the two areas of law.


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