Selling House Divorce Agreement for Nigeria

Selling House Divorce Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that facilitates the sale of a matrimonial home in the context of divorce proceedings. This document combines elements of both property law and family law, ensuring compliance with the Land Use Act 1978 and the Matrimonial Causes Act. It details the terms of property sale, distribution of proceeds between divorcing parties, and ensures proper transfer of title while protecting the interests of all parties involved. The agreement includes specific provisions for obtaining necessary governmental approvals and addresses unique considerations arising from the divorce context.

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What is a Selling House Divorce Agreement?

The Selling House Divorce Agreement is a specialized legal document used in Nigeria when divorcing spouses need to sell their matrimonial home as part of their divorce settlement. This document is particularly important as it must comply with both Nigerian property law requirements (including the Land Use Act 1978) and matrimonial law provisions. It's typically used when there's mutual agreement to sell the property or when mandated by a court order. The agreement covers crucial aspects such as property valuation, distribution of proceeds, timing of the sale relative to the divorce proceedings, and necessary governmental approvals. It protects both the divorcing parties' interests and ensures the buyer receives clear title. The document becomes especially relevant when the property represents a significant matrimonial asset and requires careful handling to ensure fair distribution and legal compliance.

What sections should be included in a Selling House Divorce Agreement?

1. Parties: Identification of the divorcing spouses as sellers and the buyer(s), including their full legal names, addresses, and marital status

2. Background: Context of the sale including reference to divorce proceedings, court orders (if any), and brief property history

3. Definitions: Definitions of key terms used throughout the agreement, including property description, completion date, and other relevant terms

4. Property Details: Comprehensive description of the property, including legal description, title information, and registration details

5. Purchase Price: Agreed purchase price, payment terms, and distribution of proceeds between divorcing parties

6. Completion Requirements: Conditions for completion, including required consents, documentation, and timing

7. Representations and Warranties: Sellers' representations regarding property ownership, divorce status, and authority to sell

8. Title and Transfer: Provisions regarding clean title transfer and required governmental approvals

9. Completion Process: Step-by-step process for completing the sale and transfer

10. Post-Completion Obligations: Obligations of all parties after completion, including registration requirements

11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

What sections are optional to include in a Selling House Divorce Agreement?

1. Court Approval: Required if the divorce settlement or property sale needs court approval

2. Mortgage Details: Include if there's an existing mortgage to be discharged

3. Third Party Consents: Required if any third party consents are needed beyond the divorcing parties

4. Tax Provisions: Specific tax arrangements between divorcing parties if relevant

5. Spousal Maintenance Impact: Include if sale proceeds affect spousal maintenance arrangements

6. Occupancy Arrangements: Required if either party needs temporary occupancy post-sale

7. Children's Interests: Include if the property sale affects children's living arrangements or interests

What schedules should be included in a Selling House Divorce Agreement?

1. Property Description Schedule: Detailed legal and physical description of the property

2. Inventory Schedule: List of fixtures and fittings included/excluded in the sale

3. Financial Schedule: Breakdown of purchase price allocation between parties and payment terms

4. Required Consents: List of all required consents and approvals

5. Property Documents: List of title documents and other relevant property documentation

6. Court Orders: Copies of relevant divorce proceedings documents or court orders

7. Completion Requirements Checklist: Detailed checklist of all requirements for completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Real Estate

Financial Services

Property Development

Banking

Insurance

Public Sector

Professional Services

Relevant Teams

Legal

Real Estate

Property Services

Conveyancing

Family Law

Compliance

Administrative Support

Document Processing

Client Relations

Relevant Roles

Legal Counsel

Real Estate Lawyer

Family Law Attorney

Property Manager

Real Estate Agent

Mortgage Advisor

Legal Administrator

Court Registrar

Property Valuer

Conveyancing Lawyer

Divorce Mediator

Title Officer

Legal Secretary

Settlement Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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