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Divorce Buyout Agreement Template for United States

A Divorce Buyout Agreement is a legal document used in the United States that outlines the terms and conditions under which one spouse purchases the other spouse's interest in marital property during or after divorce proceedings. This agreement details property valuations, payment terms, transfer arrangements, and releases of future claims. It must comply with both federal laws and state-specific regulations regarding property division in divorce cases.

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What is a Divorce Buyout Agreement?

The Divorce Buyout Agreement is utilized when divorcing couples in the United States decide to resolve property division through a buyout arrangement rather than selling assets to third parties. This document becomes necessary when one spouse wishes to retain specific marital assets (commonly the family home, business, or investment properties) by compensating the other spouse for their share. The agreement must comply with state property division laws and federal tax regulations, and typically includes detailed valuations, payment terms, transfer mechanisms, and mutual releases. A properly structured Divorce Buyout Agreement helps prevent future disputes and ensures clear documentation of the property transfer for legal and tax purposes.

What sections should be included in a Divorce Buyout Agreement?

1. Parties: Identification of divorcing spouses and their current contact information

2. Background: Brief history of marriage, divorce proceedings, and purpose of buyout

3. Definitions: Key terms used throughout the agreement

4. Property Valuation: Agreed values of assets subject to buyout

5. Buyout Terms: Specific terms of the buyout including payment amount and schedule

6. Release of Claims: Mutual release of future claims related to bought-out property

7. Tax Provisions: Treatment of tax liabilities and responsibilities

What sections are optional to include in a Divorce Buyout Agreement?

1. Financing Terms: Additional provisions when buyout involves financing or installment payments

2. Security Provisions: Provisions for collateral or security when buyout payments are made over time

3. Property Management: Provisions for interim management of property pending buyout completion

What schedules should be included in a Divorce Buyout Agreement?

1. Schedule A - Property Inventory: Detailed list of properties subject to buyout

2. Schedule B - Valuation Reports: Professional appraisals or valuations

3. Schedule C - Payment Schedule: Detailed payment terms if not lump sum

4. Appendix A - Property Documents: Copies of deeds, titles, and other property documents

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

Jurisdiction

United States

Document Type

Divorce Agreement

Cost

Free to use

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