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Fill and Sign the Domestic Partnership 497329862 Form

Fill and Sign the Domestic Partnership 497329862 Form

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Domestic Partnership Dissolution and Property Settlement This Agreement is made this the _____day of ______________________, 20____ between ___________________________________________ (Name of First Party) , (hereafter referred to as First Party ), who resides at ____________________________________________ ______________________________________________________________________________ ____________________________________________ (street address, city, state, zip code) and ____________________________________________ (Name of Second Party) , (hereafter referred to as Second Party ) who resides at __________________________________________ ______________________________________________________________________________ ____________________________________________ (street address, city, state, zip code) . WHEREAS, the parties to this Agreement have been living together as domestic partners since on or about; and WHEREAS, First Party and Second Party intend, and it is the purpose of this Agreement, to dissolve their domestic partnership with one another and make a complete and final settlement of any and all claims that either party may have against the other, to memorialize the dissolution of their domestic partnership, and to finalize their agreements as to the division of the property, both real and personal, between them, that either or both own separately or jointly; NOW, THEREFORE, in consideration of the above, and the terms and covenants of this Agreement, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows: 1. Living Separate First Party and Second Party shall, after the effective date of this Agreement, live separate and apart, each free from all dominion, restraint, and control by the other, whether direct or indirect. Each party may, after the effective date of this Agreement, reside at such place or places as he or she may select. 2. No Harassment or Interference Neither party shall harass or interfere with the other nor compel or attempt to compel the other to cohabit or dwell with him or her , by any means whatsoever, by legal action or otherwise. 3. Property Owned by First Party The following property is owned by First Party alone: A.. ( E.g., That certain real property situated in _______________________________ __________________________ (county, state) , and more specifically described as follows: (legal description) ________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ ; B. ( E.g., ________shares of common stock of _________________; C. ( E.g., One ____________________________ (make) automobile, serial number ___________________________ , title certificate number ____________________, registered in the State of _________________________; D. ( E.g., List separately items of personal property, such as: clothing, furniture, books, works of art, stamp and coin collections, and similar property). ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 4. Property Owned by Second Party The following property is owned by Second Party alone: A.. ( E.g., That certain real property situated in _______________________________ _______________________________________________ (county, state) , and more specifically described as follows: (legal description) ____________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________; B. ( E.g., ____________shares of common stock of _________________; C. ( E.g., One ________________________ (make) automobile, serial number ___________________________ , title certificate number _______________________, registered in the State of __________________________; D. ( E.g., List separately items of personal property, such as: clothing, furniture, books, works of art, stamp and coin collections, and similar property). ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 5. Property Owned by First Party and Second Party The following property is owned by First Party and Second Party together (as joint tenants with right of survivorship or as tenants in common or as the case may be): A.. ( E.g., That certain real property situated in _______________________________ ____________________________ (county, state) , and more specifically described as follows: (legal description) ________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________; B. ( E.g., ___________ shares of common stock of _______________________; C. ( E.g., One __________________ (make) automobile, serial number ______________________________ , title certificate number _____________________, registered in the State of ___________________________; D. ( E.g., List separately items of personal property, such as: clothing, furniture, books, works of art, stamp and coin collections, and similar property). ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. Property Apportioned to Second Party A. There is hereby apportioned, set aside, and/or transferred and confirmed to Second Party, free of all claim and demand of First Party, the following items as numbered and described in Paragraphs 3, 4, and 5 of this agreement. 1 . Example: Items A, B, C, and D of Paragraph 4; 2. Example: Item A of Paragraph 5; and 3. Example: Item C of Paragraph 5. B. Each item of property set aside and transferred to Second Party is assigned to and taken by him or her with all encumbrances and other obligations to which such items may be subject. Second Party shall pay and discharge all such encumbrances and obligations and hold First Party harmless from such encumbrances and obligations. 7. Property Apportioned to First Party A. There is hereby apportioned, set aside, and/or transferred and confirmed to First Party, free of all claim and demand of Second Party, the following items as numbered and described in Paragraphs 3, 4, and 5 of this agreement. 1 . Example: Items A, B, C, and D of Paragraph 4; 2. Example: Item A of Paragraph 5; and 3. Example: Item C of Paragraph 5. B. Each item of property set aside and transferred to First Party is assigned to and taken by him or her with all encumbrances and other obligations to which such items may be subject. First Party shall pay and discharge all such encumbrances and obligations and hold Second Party harmless from such encumbrances and obligations. 8. Value of Property Apportioned A. The present net value of all items apportioned to Second Party under Paragraph 6 of this Agreement, after deducting all encumbrances and obligations outstanding against such property and assumed by Second Party , but including the equity and interest of Second Party in such property prior to the apportionment and transfer to him or her , is $_________________________. B. The present net value of all items apportioned to First Party under Paragraph 7 of this Agreement, after deducting all encumbrances and obligations outstanding against such property and assumed by First Party , but including the equity and interest of First Party in such property prior to the apportionment and transfer to him or her , is $_________________________. 9. Differences in Values of Property Apportioned; Payment of Difference A. The difference between the net value of the property apportioned to (First Party or Second Party) __________________________________ and the net value of the property apportioned to ___________________________________ (First Party or Second Party) , as set forth in Paragraph 8 of this Agreement is $ __________________ in favor of _________________________________ (First Party or Second Party) . B. ______________________________________ (First Party or Second Party) shall pay to ____________________________________ (First Party or Second Party) the amount of the difference in net values in equal monthly installments of $___________________ commencing __________________________________ (date) . [Alternate language: The amount of the difference in net values being minimal, _____________________________________ (First Party or Second Party) waives and releases all claims arising from such difference]. 10. Real Property Not Covered Above First Party and Second Party each own a _________________________ (e.g., one-half) interest in and to that certain real property located at ___________________________________ ______________________________________________________________________________ ________________________________________________ (street address, city, state, zip code) , as more particularly described in Exhibit A attached hereto, and the undersigned agree that when said property is sold by mutual agreement of the parties, they shall divide the net proceeds of such sale _______________________ (e.g., equally) . 11. Execution of Instruments Each party shall promptly execute and deliver to the other party, all instruments that may be necessary, convenient, or appropriate to carry into effect fully and fairly, all the provisions of this Agreement for division and confirmation of property, and appropriate mutual releases. 12. Release of Property Rights Each party releases, quitclaims, and assigns to the other party all his or her right, title, and interest, present and prospective, in each item of property apportioned in this Agreement, set aside, transferred, and confirmed to the other party. 13. Full Disclosure of Property Interests Each party represents and warrants that he or she has made a full disclosure of all his or her property and that neither has knowledge of any other property of any kind in which the party so representing has any beneficial interest. 14. Insurance on Property All fire and extended coverage, and liability and casualty insurance policies upon or relating to any real or personal property described or referred to in this Agreement, and now in existence, shall be transferred with the property to which such insurance pertains to the party receiving such property pursuant to this Agreement, without charge or credit to either party in respect of the surrender value of such insurance. 15. Debts and Obligations Each of the parties shall pay all debts incurred by him or her after the effective date of this agreement and indemnify the other party from and against any and all liability relating to such debts. 16. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 17. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 18. If any section, paragraph, sentence or portion of this Agreement or the application thereof to any party or circumstance shall, to any extent, be or become invalid or illegal, such provision is and shall be null and void, but, to the extent that said null and void provisions do not materially change the overall agreement and intent of this entire agreement, the remainder of this Agreement shall not be affected thereby and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent provided by law. 19. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party. 20. Governing Law It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________________________. WITNESS our signatures as of the day and date first above stated. ___________________________________ ____________________________________ First Party Second Party (Acknowledgments are optional and form may vary by state) STATE OF _______________________________ COUNTY OF _______________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this _____ day of ___________________________________, 20____, within my jurisdiction, the within named, _______________________________________ (First Party and Second Party), who acknowledged that they executed the above and fore going instrument. ____________________________________ NOTARY PUBLIC My Commission expires: _________________________

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