Post Nup

I'm sorry, and admittedly I don't know the full story, but I think your husband is right. Did the post-nuptial provide that your husband had no right to your home, or no right to the proceeds of the mortgage lawsuit, because those are two very differen things.  The settlement proceeds relate to the mortgage loan, not the house.  If we finance a car togdther, I no longer have any right to the car after I sign it over to you, but that doesn't mean I am no longer legally obligated to make payments or that I have no right to any refund if the car dealer or the automobile lender overcharged us I'm assuming your husband's name was on both the mortgage and the lawsuit, which means that Wells Fargo will not cut a check to you alone without his consent. I'm also assuming that you and your husband sued Wells Fargo for some impropriety in your mortgage loan, and that the settlement represents some overpayments or other expenses that you both, as the obligors, incurred due to the bank's wrongdoing.  If so, and if your husband only signed over his right to the house, he would have a claim to his portion of the settlement (just as he remains liable on the mortgage). This would be even more clear if you knew about your claim against Wells Fargo at the time of the post-nup but nevertheless it didn't provide that your husband signed over rights to the proceeds of the lawsuit.  The agreement is likely going to be the last word on this dispute, and if it didn't provide for your husband to waive his rights to a share of the proceeds of the lawsuit, then he still  has those rights.