Validity of divorce agreement after death of partner

Questioner

There is a divorce agreement in which it is agreed that after the sale of the house the partner will receive half of the surplus value. If the partner has died, are his heirs then entitled to the agreements made or does this go to the children?

Lawyer

The right of the deceased partner to a portion of the home's equity, as agreed in the divorce settlement, in principle belongs to the estate of the deceased partner. This means that the legitimate heirs of the deceased partner are entitled to this portion of the inheritance after his/her death, in accordance with the agreements in the divorce settlement. Who the rightful heirs are is usually determined by the law of inheritance or possibly a will, if the deceased partner has drawn one up. If the deceased partner has not left a will, then the statutory division comes into effect. This means that if the deceased partner has children, they and the surviving spouse are automatically the heirs. However, it is important to consider the specific circumstances, the content of the divorce agreement and any applicable testamentary provisions. It may be advisable to seek legal advice from a specialist lawyer or attorney to guide you in this situation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response. May we refer you to www.echtscheidingswinkel.nl?