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

UPDATED: Jun 16, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 16, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption