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Deed Of Sale With Marital Consent Template for Philippines

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Key Requirements PROMPT example:

Deed Of Sale With Marital Consent

"I need a Deed of Sale with Marital Consent for a residential property in Manila, Philippines, where both seller and buyer are married, and the property has an existing mortgage that needs to be discharged by March 2025."

What is a Deed Of Sale With Marital Consent?

The Deed of Sale with Marital Consent is a specialized legal instrument used in Philippine property transactions where the seller is married, combining standard sale provisions with mandatory spousal consent requirements. This document type is specifically designed to comply with Philippine Family Code provisions regarding the disposition of conjugal or community property, requiring explicit consent from the seller's spouse to validate the transaction. It's essential when transferring any real property owned by married individuals in the Philippines, protecting both the buyers' and sellers' interests while ensuring compliance with Philippine marriage and property laws. The document typically includes comprehensive property details, price and payment terms, warranties, and formal acknowledgments, with special attention to proper execution and notarization requirements under Philippine law.

What sections should be included in a Deed Of Sale With Marital Consent?

1. Parties: Identification of the Seller(s), their spouse(s), and the Buyer(s) with complete names, civil status, and addresses

2. Background: Context of the sale, including brief property ownership history and marriage status of the parties

3. Definitions: Definition of key terms used throughout the deed

4. Property Description: Detailed description of the property being sold, including location, boundaries, and title certificate details

5. Purchase Price: Statement of the agreed purchase price and payment terms

6. Marital Consent: Express consent of the spouse(s) to the sale of the property

7. Representations and Warranties: Seller's warranties regarding property ownership, absence of liens, and authority to sell

8. Rights and Obligations: Specific rights and obligations of all parties involved in the transaction

9. Taxes and Expenses: Allocation of responsibility for transfer taxes, registration fees, and other transaction costs

10. Delivery and Transfer: Terms for the physical and legal transfer of the property

11. Execution: Formal signing section including notarial acknowledgment

What sections are optional to include in a Deed Of Sale With Marital Consent?

1. Broker's Commission: Include when a real estate broker is involved in the transaction

2. Mortgage Release: Include when the property has an existing mortgage that needs to be discharged

3. Tenant Rights: Include when the property is currently leased to tenants

4. Construction Warranties: Include for newly constructed properties with existing builder warranties

5. Environmental Provisions: Include when there are environmental considerations or requirements

6. Third-Party Consents: Include when additional third-party approvals are required beyond spousal consent

What schedules should be included in a Deed Of Sale With Marital Consent?

1. Property Documents: Copies of title certificate, tax declarations, and property surveys

2. Payment Schedule: Detailed breakdown of payment terms if not made in full

3. Marriage Certificates: Proof of marriage of the parties requiring spousal consent

4. Tax Clearances: Current real property tax clearances and receipts

5. Property Photos: Recent photographs of the property and its boundaries

6. Power of Attorney: If any party is acting through an attorney-in-fact

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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Relevant Industries

Real Estate

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Legal

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Relevant Roles

Real Estate Attorney

Property Lawyer

Conveyancing Lawyer

Real Estate Broker

Property Manager

Title Officer

Legal Counsel

Notary Public

Property Developer

Real Estate Agent

Legal Documentation Specialist

Property Rights Specialist

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