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Divorce House Buyout Agreement Template for Indonesia

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Key Requirements PROMPT example:

Divorce House Buyout Agreement

"I need a Divorce House Buyout Agreement for a property in Jakarta where I'll be buying out my ex-spouse's 50% share through monthly installments starting March 2025, with the full payment to be completed within 18 months."

Document background
The Divorce House Buyout Agreement is a crucial document used in Indonesian divorce proceedings when one spouse wishes to retain the marital home by buying out the other spouse's interest. This agreement is particularly important in the Indonesian legal context, where property transfer must comply with both the Marriage Law (UU Perkawinan) and the Basic Agrarian Law (UUPA). The document becomes necessary when divorcing couples have agreed on the property's value and one party has the means to buy out the other's share. It contains essential provisions for property transfer, including detailed payment terms, transfer procedures, and compliance requirements with the Land Office (BPN). For Muslim couples, additional provisions ensuring compliance with the Compilation of Islamic Law (KHI) may be included. The agreement serves as a foundation for the formal property transfer process and helps prevent future disputes regarding property ownership.
Suggested Sections

1. Parties: Identification of both spouses involved in the buyout agreement, including their full legal names, addresses, and national ID numbers

2. Background: Details of the marriage, divorce proceedings (if completed), current ownership status of the property, and the intention to transfer ownership through buyout

3. Definitions: Key terms used in the agreement including Property, Settlement Date, Purchase Price, Transfer Documents etc.

4. Property Details: Complete description of the property including certificate number, address, land size, building size, and current registration details

5. Purchase Price and Payment: Agreed buyout amount, payment method, and timeline for payment completion

6. Settlement Requirements: Conditions that must be met before settlement, including necessary governmental approvals and documentation

7. Transfer of Ownership: Process and requirements for transferring the property title, including registration with the Land Office (BPN)

8. Representations and Warranties: Statements from both parties regarding their authority to enter the agreement and the property's current status

9. Costs and Taxes: Allocation of transfer costs, taxes, and other expenses related to the buyout

10. Default and Remedies: Consequences and available remedies if either party fails to fulfill their obligations

11. Governing Law: Specification that Indonesian law governs the agreement and relevant jurisdictional matters

12. Execution: Signature blocks and formal execution requirements

Optional Sections

1. Islamic Law Compliance: Required if parties are Muslim, ensuring compliance with Compilation of Islamic Law (KHI) requirements

2. Mortgage Details: Required if the property has an existing mortgage that needs to be addressed as part of the buyout

3. Children's Living Arrangements: Include if the property transfer affects children's living arrangements post-divorce

4. Temporary Occupancy Rights: Include if one party needs temporary occupancy rights after the transfer

5. Existing Tenancies: Required if there are current tenants in the property

6. Property Maintenance: Include if there are specific maintenance obligations during the transfer period

7. Dispute Resolution: Optional alternative dispute resolution mechanisms before court proceedings

Suggested Schedules

1. Property Title Documents: Copies of current property certificates and registration details

2. Valuation Report: Independent property valuation report used to determine buyout price

3. Payment Schedule: If payment is to be made in installments, detailed payment timeline and amounts

4. Property Inspection Report: Current condition report of the property

5. Outstanding Liens Certificate: Documentation showing any existing liens or encumbrances on the property

6. Divorce Decree: Copy of divorce decision or decree relating to property division

7. Power of Attorney: If required for property transfer procedures

Authors

Alex Denne

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

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