The Selling House Divorce Agreement is a specialized legal document used in South African divorce proceedings where the matrimonial home needs to be sold and proceeds divided between divorcing spouses. This document becomes necessary when parties agree to sell their jointly owned property as part of their divorce settlement, rather than one party buying out the other's share. It must comply with multiple South African legal frameworks, including the Divorce Act, property law, and contract law. The agreement typically includes detailed provisions about the property sale process, division of proceeds, responsibility for costs, and transfer procedures. It serves as both a property sale agreement and a component of the divorce settlement, requiring careful consideration of both aspects to ensure all legal requirements are met and both parties' interests are protected.
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1. Parties: Full legal names, identification numbers, and current addresses of both spouses
2. Background: Details of the marriage, divorce proceedings reference, and brief property history
3. Definitions: Key terms used throughout the agreement including Property, Transfer Date, Purchase Price, etc.
4. Property Details: Full legal description of the property including erf number, title deed details, and physical address
5. Sale Agreement: Terms and conditions of the property sale including purchase price and payment terms
6. Transfer and Registration: Process and responsibilities for property transfer, including appointment of conveyancer
7. Distribution of Proceeds: How the proceeds from the sale will be divided between the parties
8. Costs and Expenses: Allocation of transfer costs, agent commission, and other related expenses
9. Warranties: Standard warranties regarding property ownership, conditions, and encumbrances
10. Occupation and Risk: Arrangements for occupation, transfer of risk, and interim property management
11. General Terms: Standard legal provisions including entire agreement, amendments, and governing law
1. Mortgage Bond Cancellation: Required if there is an existing mortgage bond that needs to be cancelled
2. Estate Agent Appointment: Include if a specific estate agent is appointed to market and sell the property
3. Rental Income: Required if the property is currently rented out and rental income needs to be addressed
4. Maintenance and Repairs: Include if specific maintenance or repairs are required before sale
5. Tax Implications: Include if there are specific tax arrangements or consequences to be addressed
6. Third Party Claims: Required if there are any third-party interests or claims on the property
7. Alternative Dispute Resolution: Optional clause for mediation or arbitration in case of disputes
1. Property Description Schedule: Detailed property description including plans, diagrams, and specifications
2. Inventory Schedule: List of fixtures and fittings included or excluded from the sale
3. Financial Schedule: Detailed breakdown of the purchase price, costs, and distribution calculations
4. Maintenance Schedule: List of required repairs or maintenance items if applicable
5. Certificates Schedule: List of required compliance certificates and their status
6. Bond Details: Details of existing mortgage bond and cancellation requirements if applicable
7. Agent Mandate: Estate agent's mandate and commission structure if applicable
Relevant legal definitions
Agreement
Property
Transfer Date
Effective Date
Purchase Price
Parties
First Party
Second Party
Conveyancer
Transfer Costs
Bond
Bond Holder
Occupation Date
Estate Agent
Commission
Divorce Order
Settlement Agreement
Matrimonial Property
Net Proceeds
Compliance Certificates
Title Deed
Transfer Duty
Municipal Rates
Fixtures and Fittings
Defects
Business Day
Signature Date
Sale Proceeds
Distribution Date
Occupational Rent
Existing Tenants
Maintenance Items
Outstanding Charges
Property Description
Suspensive Conditions
Property
Transfer Date
Effective Date
Purchase Price
Parties
First Party
Second Party
Conveyancer
Transfer Costs
Bond
Bond Holder
Occupation Date
Estate Agent
Commission
Divorce Order
Settlement Agreement
Matrimonial Property
Net Proceeds
Compliance Certificates
Title Deed
Transfer Duty
Municipal Rates
Fixtures and Fittings
Defects
Business Day
Signature Date
Sale Proceeds
Distribution Date
Occupational Rent
Existing Tenants
Maintenance Items
Outstanding Charges
Property Description
Suspensive Conditions
Clauses
Identification of Parties
Recitals
Definitions
Property Description
Sale Agreement
Purchase Price
Payment Terms
Transfer and Registration
Bond Cancellation
Proceeds Distribution
Occupation
Risk and Insurance
Property Condition
Warranties and Representations
Estate Agency
Transfer Costs
Municipal Requirements
Compliance Certificates
Existing Tenancies
Maintenance and Repairs
Tax Provisions
Force Majeure
Breach
Dispute Resolution
Notices
Governing Law
Severability
Entire Agreement
Amendment
Assignment
Counterparts
Good Faith
Indemnification
Survival
Recitals
Definitions
Property Description
Sale Agreement
Purchase Price
Payment Terms
Transfer and Registration
Bond Cancellation
Proceeds Distribution
Occupation
Risk and Insurance
Property Condition
Warranties and Representations
Estate Agency
Transfer Costs
Municipal Requirements
Compliance Certificates
Existing Tenancies
Maintenance and Repairs
Tax Provisions
Force Majeure
Breach
Dispute Resolution
Notices
Governing Law
Severability
Entire Agreement
Amendment
Assignment
Counterparts
Good Faith
Indemnification
Survival
Relevant Industries
Legal Services
Real Estate
Financial Services
Property Management
Conveyancing
Family Law
Banking
Insurance
Relevant Teams
Legal
Property Administration
Conveyancing
Real Estate Sales
Financial Advisory
Compliance
Risk Management
Document Processing
Relevant Roles
Family Law Attorney
Property Lawyer
Conveyancing Attorney
Estate Agent
Property Transfer Secretary
Legal Administrator
Divorce Mediator
Financial Advisor
Bank Manager
Property Transfer Manager
Legal Compliance Officer
Real Estate Manager
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