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Divorce Buyout Agreement Form
"I need a Divorce Buyout Agreement Form for a matrimonial home in Ontario, where I will buy out my spouse's 50% share of our $800,000 house with a lump sum payment in January 2025, and I'll be assuming the existing mortgage."
1. Parties: Identification of both spouses involved in the buyout agreement, including full legal names and current addresses
2. Background: Brief history of the marriage, separation date, and context for the buyout agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property or properties subject to the buyout
5. Buyout Terms: Specific terms of the buyout including the agreed purchase price and valuation method
6. Payment Terms: Details of how and when the buyout payment(s) will be made
7. Release of Interest: Formal release of the departing spouse's interest in the property
8. Tax Implications: Acknowledgment and allocation of tax consequences
9. Transfer of Title: Process and requirements for transferring property title
10. Representations and Warranties: Statements of fact by both parties regarding the property and their capacity to enter the agreement
11. Independent Legal Advice: Confirmation that both parties have received independent legal advice
12. Governing Law: Specification that the agreement is governed by Canadian law and the applicable province
13. Execution: Signature requirements and execution details
1. Mortgage Provisions: Required when there is an existing mortgage on the property, including details of mortgage assumption or refinancing
2. Business Interests: Needed when the buyout involves business property or commercial real estate
3. Spousal Support Waiver: Optional section waiving future spousal support claims in connection with the buyout
4. Property Maintenance: Required when there are ongoing maintenance obligations until the buyout is completed
5. Insurance Requirements: Needed when specific insurance must be maintained during the buyout process
6. Third-Party Consents: Required when the buyout requires approval from third parties such as mortgage lenders
7. Contingency Provisions: Optional section dealing with potential future events that could affect the buyout
8. Temporary Occupancy: Needed when one party will continue to occupy the property during the buyout process
1. Schedule A - Property Details: Detailed description of the property, including legal description and any included fixtures or chattels
2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, dates, and methods
3. Schedule C - Property Valuation: Professional appraisal or agreed valuation documentation
4. Schedule D - Mortgage Details: Current mortgage statement and relevant mortgage documents
5. Schedule E - Property Inspection Report: Recent property inspection details and identified issues
6. Appendix 1 - Property Title Documents: Copies of current property title documents
7. Appendix 2 - Tax Certificates: Current tax certificates and assessment information
8. Appendix 3 - Independent Legal Advice Certificates: Signed certificates from both parties' legal counsel
Authors
Property
Matrimonial Home
Purchase Price
Closing Date
Effective Date
Matrimonial Property
Selling Spouse
Purchasing Spouse
Encumbrances
Fair Market Value
Independent Legal Counsel
Mortgage
Transfer Date
Settlement Date
Title
Possession Date
Release of Interest
Matrimonial Rights
Completion
Down Payment
Closing Costs
Property Taxes
Appraisal
Certificate of Independent Legal Advice
Deposit
Fixtures
Improvements
Interest Rate
Legal Description
Lender
Liens
Payment Schedule
Purchase and Sale
Registration
Security Interest
Spousal Rights
Title Insurance
Valuation Date
Vacant Possession
Definitions
Property Description
Purchase Price
Payment Terms
Property Transfer
Mortgage Obligations
Property Valuation
Release of Rights
Representations and Warranties
Tax Provisions
Title Insurance
Property Inspection
Risk and Insurance
Independent Legal Advice
Further Assurances
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Notice
Assignment
Waiver
Costs and Expenses
Force Majeure
Survival
Execution
Registration
Conditions Precedent
Default and Remedies
Indemnification
Release and Discharge
Time of Essence
Acknowledgment
Legal Services
Real Estate
Banking & Finance
Family Law
Property Management
Mortgage Lending
Insurance
Financial Advisory
Notary Services
Legal
Real Estate
Family Law
Document Processing
Property Services
Compliance
Risk Management
Client Services
Administrative Support
Contract Administration
Family Law Attorney
Real Estate Lawyer
Legal Associate
Paralegal
Property Appraiser
Mortgage Broker
Financial Advisor
Legal Document Specialist
Settlement Officer
Title Officer
Divorce Mediator
Family Law Clerk
Legal Administrative Assistant
Contract Manager
Compliance Officer
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