How to enforce a separation agreement?


#1

Our signed separation agreement states that she agrees to sign a quitclaim deed to the house, but she now refuses to do so. So what is the next step and do I have to pay a lawyer or court out of my own pocket to enforce this?


#2

You will have to take her to court for breach, but many separation agreements have a provision that allows for attorney’s fees in the case of breach.


#3

It is my responsibility to provide the quitclaim deed. I sent an envelope with the quitclaim deed inside and requested delivery confirmation from the post office. Will this be enough to show the court that I have done my part and provided the quitclaim deed? Anything else I need to do to prepare for court?


#4

That should be sufficient, but you may want to continue to contact her about it, reminding her of her obligation to sign the quitclaim deed. The more proactive you are in trying to get the deed signed, the better it looks to the judge if you have to file a breach of contract action.