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Property Split Agreement
"I need a Property Split Agreement for dividing three residential properties in Manila between two business partners, with one property having an existing mortgage, to be completed by March 2025."
1. Parties: Identification of all parties involved in the property split, including their full legal names, addresses, and civil status
2. Background: Context of the property split, including the relationship between parties and origin of joint ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Properties Subject to Division: Clear identification and description of all properties to be divided
5. Agreed Division: Detailed breakdown of how properties will be divided between parties
6. Transfer Mechanism: Process and timeline for executing the property transfers
7. Tax Obligations: Allocation of responsibility for transfer taxes, capital gains tax, and other applicable taxes
8. Representations and Warranties: Statements by each party regarding their authority to enter agreement and property ownership status
9. Costs and Expenses: Assignment of responsibility for legal fees, registration fees, and other costs
10. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction
11. Execution Requirements: Formal requirements for signing, witnessing, and notarization
1. Mortgage and Encumbrances: Section dealing with existing mortgages or liens on properties, used when properties are not free from encumbrances
2. Conjugal Property Provisions: Special provisions for married parties regarding conjugal property rights, used when parties are/were married
3. Third Party Consents: Requirements for obtaining consent from third parties, used when properties involve co-owners or require bank consent
4. Rental Income Allocation: Distribution of rental income from properties, used when properties generate rental income
5. Property Management During Transition: Temporary management arrangements until transfer completion, used for complex transfers
6. Dispute Resolution: Specific procedures for resolving disputes, used in high-value or complex splits
1. Schedule A - Property Inventory: Detailed inventory of all properties subject to division, including legal descriptions and current market values
2. Schedule B - Property Documents: List of all property-related documents (titles, tax declarations, etc.) and their current holders
3. Schedule C - Allocation Matrix: Detailed breakdown of which properties (or shares thereof) are allocated to each party
4. Schedule D - Outstanding Obligations: List of all mortgages, liens, or other encumbrances affecting the properties
5. Appendix 1 - Property Valuations: Independent property valuations or appraisal reports
6. Appendix 2 - Tax Certificates: Current tax clearances and certificates for all properties
7. Appendix 3 - Title Documents: Copies of all relevant property titles and registration documents
Authors
Real Estate
Legal Services
Property Development
Banking and Finance
Construction
Property Management
Investment Management
Family Office Services
Wealth Management
Professional Services
Legal
Real Estate
Property Management
Finance
Tax
Wealth Management
Corporate Secretarial
Asset Management
Risk Management
Compliance
Legal Counsel
Property Manager
Real Estate Attorney
Wealth Manager
Estate Planner
Real Estate Broker
Property Valuer
Tax Advisor
Notary Public
Corporate Secretary
Finance Manager
Real Estate Developer
Asset Manager
Family Office Manager
Property Administrator
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