Settlement agreement


#1

If husband and wife divorce and agree in the settlement agreement that wife gets the house but the husband is never removed from the deed and now wife wants to sell the house, how does she get husband removed from the deed so she can sell it?

Can you give response for:

  1. Settlement Agreement was never incorporated into the final decree. Wife cannot find copy of the
    settlement agreement showing that she was to receive the house.

  2. Settlement Agreement was incorporated into the final decree.


#2

In either case the wife should have the husband execute a Special Warranty Deed and have the same recorded in the register of deeds in the county where the property is located.


#3

husband won’t agree to it now. Wife can’t find settlement agreement and it wasn’t filed with the court. What can be done?


#4

Without the agreement as proof of his obligation it will be her word against his.