Divorce Decree Property Settlement Agreement for the United States

Divorce Decree Property Settlement Agreement Template for United States

A Divorce Decree Property Settlement Agreement is a legally binding document used in the United States that outlines the division of assets, debts, and financial responsibilities between spouses during divorce proceedings. This agreement is subject to state-specific laws regarding property division (either community property or equitable distribution) and must comply with both federal and state regulations concerning asset transfer, tax implications, and retirement account divisions.

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What is a Divorce Decree Property Settlement Agreement?

The Divorce Decree Property Settlement Agreement serves as a comprehensive legal framework for divorcing couples to formally document their agreed-upon division of marital assets and liabilities. This document is essential in all U.S. jurisdictions and must be approved by a court as part of the final divorce decree. It typically includes detailed provisions for real estate, personal property, financial accounts, retirement benefits, debts, and tax obligations. The agreement must comply with state-specific marriage dissolution laws and federal regulations regarding property transfers and retirement account divisions. It becomes particularly crucial in high-asset divorces or cases involving complex property arrangements.

What sections should be included in a Divorce Decree Property Settlement Agreement?

1. Parties: Identification of both spouses including full legal names, addresses, and marriage details

2. Background: Brief history of marriage, date of separation, and basis for divorce

3. Definitions: Key terms used throughout the agreement including 'marital property', 'separate property', etc.

4. Division of Real Property: Allocation of all real estate owned jointly or separately

5. Division of Personal Property: Distribution of vehicles, furniture, jewelry, and other personal items

6. Division of Financial Assets: Distribution of bank accounts, investments, and retirement accounts

7. Division of Debts: Allocation of joint and separate debts, including mortgages and credit cards

8. Tax Provisions: Handling of tax liabilities and future tax returns

9. General Provisions: Standard legal clauses including modification, severability, and governing law

What sections are optional to include in a Divorce Decree Property Settlement Agreement?

1. Business Interests: Division of business assets and interests when either party owns a business

2. Spousal Support: Terms of alimony or maintenance payments when spousal support is part of the settlement

3. Insurance Provisions: Handling of life, health, and property insurance policies that need to be addressed

4. Pets and Animals: Custody and care arrangements for pets when couples have pets to consider

What schedules should be included in a Divorce Decree Property Settlement Agreement?

1. Schedule A - Real Property Inventory: Detailed list of all real estate properties and their disposition

2. Schedule B - Personal Property Inventory: Itemized list of personal property distribution

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and retirement accounts

4. Schedule D - Debt Schedule: Comprehensive list of all debts and their allocation

5. Appendix 1 - Property Appraisals: Professional appraisals of significant assets

6. Appendix 2 - Business Valuations: Professional valuations of business interests if applicable

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

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Tax Law: Internal Revenue Code provisions governing tax implications of property transfers during divorce, including tax-free transfers under Section 1041

ERISA: Employee Retirement Income Security Act regulations governing the division of retirement accounts and pension benefits in divorce

QDRO Requirements: Qualified Domestic Relations Order requirements for the division of qualified retirement plans and pension benefits

Social Security Regulations: Federal regulations governing Social Security benefits and rights of divorced spouses

State Property Division Laws: State-specific laws determining whether the jurisdiction follows community property or equitable distribution principles

State Divorce Statutes: State-specific laws governing divorce procedures, requirements, and property settlement guidelines

State Court Rules: Local court rules and procedures for filing and executing divorce settlements

State Tax Laws: State-specific tax implications for property transfers and support payments in divorce

Marital Property Definition: Legal definitions and classifications of marital versus separate property under applicable state law

Real Estate Laws: State and local regulations governing the transfer of real property interests in divorce settlements

Business Valuation Rules: Legal standards and requirements for valuing business interests in divorce proceedings

Debt Division Rules: State laws governing the allocation of marital debt and liability between divorcing parties

Enforcement Provisions: Legal mechanisms and requirements for enforcing property settlement agreements under state law

Jurisdiction Requirements: Legal requirements for establishing and maintaining jurisdiction over property settlement matters

Recording Requirements: State and local requirements for recording property transfers and settlements affecting real property

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