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How to write the divorce house agreement

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How to write the divorce house agreement


        

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  • 2024-06-19 03:01:44

    Man: ×××, born on ×××, nationality: ××, work unit: ×××, current address: ×××.
    Female Party: ×××, born on ×××, nationality: ××, work unit: ×××, current address: ×××.
    The two parties registered their marriage in the civil affairs department of the people's government of the city (county) of XX on XX, and now they are willing to divorce for the reason of XX (note: refers to emotional discord, etc.). Through consensus, the two parties reached the following agreement on relevant matters in accordance with the provisions of the Marriage Law:
    1、 The male party ××× and the female party ××× voluntarily divorce.
    2、 Child rearing:
    1. The two parties gave birth to a son/daughter named ××× on ×××. After divorce, the son/daughter was directly raised by the man/woman, and the woman/man paid a monthly alimony (including living expenses, education expenses, medical expenses) of ××× yuan, which was paid off before the XX day of each month until the child completed his high school education. Both parties will renegotiate the relevant expenses after the high school education.
    2. The male party/female party (note: refers to the party not directly raised) can pick up his/her son/daughter from Saturday to Sunday of the X week of each month to live or play with him/her. In case of temporary visit or holiday visit, both parties can negotiate one day in advance. After reaching an agreement, the visit can be conducted according to the method of negotiation. When the son/daughter is over 10 years old, the exercise of visiting right shall respect the opinions of the son/daughter, and shall not be enforced in accordance with this agreement.
    3、 Division of joint property of husband and wife:
    1. Property:
    (1) After marriage, the couple purchased a building located at No. x, Unit x, Building x, Community x, No. x, Road x, and registered it in the name of the man/woman (or both parties), which belongs to the common property of the couple. After divorce, the house will be owned by the man/woman (note: including auxiliary facilities and related supporting facilities in the decoration of the house), and both parties will cooperate with each other to go through the property right change registration procedures. All taxes and fees payable due to the registration of property right change shall be borne by the male/female party. The party who has obtained the ownership of the house shall give the other party economic compensation of RMB ×××, which shall be paid off within ×× days from the date of signing this agreement.
    (2) After marriage, the husband and wife bought a building located at No. X, Unit X, Building X, Community X, No. X, Road X, and the man/woman was the main lender to purchase the house from Bank X with a mortgage loan. The down payment and mortgage repayment came from the joint deposit of the husband and wife, and the house belonged to the joint property of the husband and wife. After divorce, the house will be owned by the man/woman (note: including the auxiliary facilities and related supporting facilities in the house decoration). Both parties will cooperate with each other to handle the property right change registration and the change procedures of the main lender of the loan. All taxes and fees payable due to the registration of property right change and the procedures for the change of the lender shall be borne by the male/female party. The party who has obtained the ownership of the house shall give the other party economic compensation of RMB ×××, which shall be paid off within × from the date of signing this agreement. The husband and wife jointly own the household appliances and furniture in the house (see the list). Both parties agree to set the price of ××× yuan, which belongs to the man/woman. One party who obtains the economic compensation of ××× yuan will give the other party the economic compensation of ××× yuan, which will be paid off within × from the date of signing this agreement.
    2. Motor vehicles:
    On MM/DD/YYYY, a car of X brand was purchased and owned by the husband/wife after divorce. One party obtained the economic compensation of RMB XX yuan from the other party, which shall be paid off within XX days from the date of signing this agreement.
    3. Equity, stocks, bonds, etc.: (as detailed in the agreement above)
    4. Creditor's rights and debts: (as detailed in the agreement above)
    5. Other private property (such as jewelry, clothes, etc.) under the respective names of both parties shall belong to each other.
    4、 Housing arrangement after divorce:
    Man's residence: ×××××××
    The woman's residence: ××××××××
    5、 Other agreements:
    ××××××× This agreement is made in triplicate, with each party holding one copy, and the marriage registration authority filing one copy, which will come into force after both parties sign and the marriage registration authority handles the corresponding procedures.
    Man: ××× (signature and seal)
    Female: ××× (signature and seal)
    MM DD YY

    Legal basis

    Article 1087 of the Civil Code of the People's Republic of China [Treatment of the joint property of the husband and wife at the time of divorce] At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
    The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

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