COMMUNITY PROPERTY PARTITION
BETWEEN _____________ :STATE OF LOUISIANA
AND :DOCKET NO.: ______
_____________ :PARISH OF ______
BE IT KNOWN that on the dates below written, in the presence of the witnesses hereinafter
named and undersigned personally came and appeared:
_____________ , of full age of majority and a resident of the Parish of ______ , State of
Louisiana, and _____________ , of full age of majority and a resident of the Parish of ______ , State
of Louisiana, who declared that a Ju dgment of Divorce was rendered on the ___ day of ______
20 ___ , in the ______ Judicial District Court, Parish of ______ , Louisiana, in the matter entitled
A_____________ vs. _____________ ,@ Docket No. ______ ; that they desire to settle the
community of acquets and gains which formally existed between them, including all community
debts, and that they agreed to a partition of the community assets and debts in the following manner,
to-wit:
_____________ does hereby convey, transfer, set over, assign, and deliver unto
_____________ , all of his rights, titles, and interests, being an undivided one -half ( 2) interest, in and
to the following described property, to -wit:
(1) That certain parcel of land, together with all buildings and improvements thereon
erected and thereto belonging, situated in the town of ______ , Louisiana, ______
Ward of ______ Parish, on the West side of ______ and in the ______ Subdiv ision to
said Town measuring ______ feet on its Northern line, ______ feet on its Southern
line, by a debth of ______ feet, but extending from ______ to ______ and being
bounded North by ______ , South by ______ , East by Lot ______ of Block ______ of
the hereinafter mentioned Plat, and West by Right of Way of ______ or assigns and
being designated as LOTS ______ of BLOCK ______ of that certain Plat of Survey
by ______ , ______ , ______ an nexed to Act recorded in Book ______ , Folio ______ ,
under Entry No. _____ _ of th e Conveyance Records, ______ Parish, Louisiana and
TOGETHER THEREWITH all of that portion of ______ beginning at a line being
the extensi on of the Eastern line of Lot ______ of Block ______ of said Plat to the
South line of ______ , thence west to R/W of ______ and ______ beginning at a line
which would be the extensi on of the Eastern line of Lot ______ of Block ______ of
said Plat in a Northerly direction to the North side of ______ and extending Westerly
to ______ and being a portion of the same property acquired by Vendress by Deed
dated ______ , 20 ___ recorded in Book ______ , Folio ______ , under Entry No.
______ of the Conveyance Records, ______ Parish, Louisiana.
Being the same property acquired by _____________ and _____________ by Credi t
Deed from ______ , dated the ___ day of ______ , 20 ___ , and filed of record on the
___ day of ______ , 20 ___ , in Conveyance Book ______ , at Folio ______ , under
Entry No. ______ of the records of ______ Parish, Louisiana.
(2) One _____________ , beari ng VIN # _____________ .
(3) That certain money market account with _____________ , bearing
Account # _____________ , containing ______ shares;
_____________ does hereby agree to pay t he sum of $ _____ ___ in monthly payments of
$______ each to _____________ , payable between the first and fifth of each month, beginning in
the first full month subsequent to the signing of this agreement for a period of ________ (___ )
months. To evidence this indebtedness, _____________ , has executed a s Maker on ______ ___ ,
20 ___ , a promissory note in the amount of $ ________ , payable in equal monthly installments of
$______ each. _____________ does hereby acknowledge that these payments are part of the
community property agreement, and that neither party would have signed this agreement without
these monthly payments being made.
_____________ , does hereby specifically agree and covenant that should he die prior to the
payment in full of the hereinabove specified ____________________ AND ___ /100 ($ ______ )
DOLLARS, then, and in that case, he does hereby specifically acknowledge and covenant that a
portion of the insurance proceeds to be derived from his life insuran ce policy with the
_____________ , bearing Policy No. _____________ and made payable to his daughter, namely,
_____________ , as beneficiary, is, in fact, the property of _____________ in the amount of and to
the extent of any indebtedness owed by him as of the date of his death to _____________ under the
terms and conditions of this community partition agreement. _____________ , doe s hereby
specifically instruct and direct his daughter, _____________ , to transfer unto _____________ that
portion of the insurance proceeds derived from the aforesaid insurance policy equal to the amount of
any remaining balance owed to _____________ under the terms and conditions of this Community
Partition Agreement as of the date of my death immediately upon the receipt of said funds by
____________ _ from the insurance company.
_____________ does hereby convey, transfer, set over, assign, and deliver unto
_____________ all of her rights, titles, and interest, being an undivided one -half ( 2) interest in and
to the following described property, to -wit:
(1) Four crypts in _____________ Cemetery, _____________ ,
Louisiana, located on _____________ ;
(2) One houseboat being 16' x 44', bearing Louisiana License Number
_____________ ;
(3) One houseboat being 20' x 50', named the A_____________ @;
(4) One 18' aluminum hull boat, with trailer and motor, bea ring
Louisiana License Number _____________ ;
(5) That certain corporate pension plan titled A_____________ ,@
Employee Identification Number ___ , Plan Number , bearing
the name of _____________ , Social Security Number
_____________ .
_____________ does hereby assume the following community indebtedness, and
acknowledges that the assumption of t his indebtedness is part of the community property agreement,
and that neither party would have signed this agreement without the consideration of the assumption
of these various indebtedness. In so assuming, the said _____________ does hereby release the said
_____________ from said debts, and agrees to hold her harmless, and to indemnify her in the event
that legal demand or lawsuit should be brought by the creditor concerned against the said
_____________ .
(1) ______ l, Account Number ______ with a current balance of
$______ ;
(2) ______ Credit Card, bearing Account Number ______ , curr ent
balance of $ ______ ;
(3) ______ =s Charg e Card, bearing Account Number ______ , current balance of
$____ __ ;
(4) ______ , bearing Account Number ______ , current balance of $______ ;
(5) ______ Visa, bearing Account Number ______ , current balance of
$______ ;
(6) ______ , bearing Account Number ______ , current balance of
$______ .
The parties acknowledge that they are entering into this a greement freely and voluntarily;
that they have ascertained and weighed all the facts and circumstances likely to influence their
judgment herein; that they have been duly apprised of their respective legal rights with respect to a
community property settl ement; that all provisions of this agreement, as well as, all questions
pertinent thereto, have fully and satisfactorily been explained to them; that they have given due
consideration to such provisions in questions, and that they understand clearly an ass ent to all of the
provisions of this agreement.
Each party shall, at the other party =s request and expense, and at any time and from time to
time hereafter, take any and all steps and execute any and all further instruments and assurances that
the other party may reasonably require for the purpose of giving full force and effect to the
provisions of this agreement.
The parties further understand and agree that this community Property Partition is ancillary
to the divorce proceedings filed herein, and accordingly, both do hereby expressly authorize the use
of summary process in the event that either party should be required to bring the other party back to
Court to enforce the terms of this agreement. Accordingly, each party does hereby waive any formal
objection they would have to improper use of summary process in the event that the other party is
required to bring an action to enforce the terms of this agreement.
The parties hereto confirm that this agreement is entirely dependent upon the mutual
covenants, undertakings, and acknowledgments contained herein. That if either party shall refuse or
neglect to carry out any of the duties imposed upon him or her by this agreement, the other party
shall, without the nec essity of putting in default, have the option of bringing suit for specific
performance and/or damages, and if successful shall be entitled to reasonable attorney =s fees.
The parties hereby acknowledge that neith er of them has requested nor required their
respective attorney =s to provide a title examination, title opinion, or mortgage certificate with
reference to any property transferred herein. Further, neither party has requested nor required their
respective attorneys to verify balances of any indebtedness =s assumed, or the existence or true value
of any asset transferred herein. Instead, the parties accept the representat ions made by and to each
other with reference to the matters as being true and correct, and hereby frees and holds his or her
respective attorney harmless for not verifying, obtaining, checking, or rendering same.
There is no vendor =s lien, resolutory condition or right to rescind created in favor of either of
the said parties hereto, and if, for any reason such vendor =s lien, resolutory condition or right to
rescind sho uld inadvertently be created by this agreement, then, each of the parties hereto formally
waives any such vendor =s lien, resolutory condition or right to rescind.
The parties further agree that they have hereby a ccomplished a complete liquidation of the
community of acquets and gains formerly existing between them, and do, accordingly, hereby
mutually release and forever discharge each other from any and all further claims and demands, and
any and all further acco unts between them. It is the intention of the parties that henceforth there
shall be as between them, only such rights and obligations as are specifically provided for in this
agreement, and the parties acknowledge that the allocation made to each of them is fair and
equitable.
This agreement shall be construed in accordance with the laws of the State of Louisiana
entirely independent of the laws of any forum where it may be subsequently the subject of judicial
construction or enforcement. If a Court of c ompetent jurisdiction at anytime holds that a portion of
this agreement is invalid, void, or unenforceable, the remainder shall not be affected and shall
continue in full force and effect.
Regarding the property and liabilities herein partitioned, conveyed , and/or assumed to/by
each other, this Agreement contains the entire understanding between the parties and there are no
representations, warranties, promises, convents, or undertakings other than those expressly set forth
herein.
Each party agrees to rele ase any and all claims, whether actual or potential, to any pension,
profit sharing, or retirement plan that the other party may have with his or her employment.
And now the parties to this document take cognizance of the fact that title to the said
proper ty has not been examined by the undersigned Notary Public, who assume no responsibility
therefore.
The parties do not wish nor intend to create any mortgages, stipulations pour autre,
privileges, encumbrances, or resolutory conditions be created by this Co mmunity Property
Settlement Agreement, and the parties do hereby release, waive, relinquish, renounce, nullify,
satisfy, and vitiate the same.
It is further agreed and understood that each party shall hold the other harmless and
indemnify the other for any liability in connection with any debt associated with any of the assets
allocated to him/her, including any attorney =s fees expended to defend any action which may be
brought against the other as a result of any such debt.
Further, the parties hereto agree that any community property or assets not specifically
mentioned in this act, but in the possession of either party, shall remain the property of the person
that possesses it.
Each party does hereby specificall y assume full responsibility for any debt individually
incurred by him/her subsequent to the filing of the Petition of Divorce.
This Community Property Partition may be executed in one or more separate counterpart
hereof regardless of whether or not the sa me of any other counterpart is signed by any of the other
parties.
There intervened herein, _____________ , daughter of the parties hereto and beneficiary of
the life insurance policy insuring the life of her father, _____________ , bearing Policy No. ______
with _____________ and she does hereby specifically acknowledge and contract that a portion of
the proceeds to be derived by her from said policy upon the deat h of her father is, in fact, the
property of _____________ . That portion of said proceeds which belongs to _____________ is
fixed at the balance due to _____________ under the terms and conditions of this community
partition agreement by _____________ , as of the date of death of the said _____________ . Said
unpaid balance due and owing _____________ as of the date of death of _____________ shall be
delivered unto _____________ by Intervenor immediately upon the receipt of the proceeds from the
aforesaid life insurance policy by said Intervenor.
THUS DONE AND SIGNED, in the presence of the competent witnesses and Notary Public,
who have hereunto subscribed their names, together with said appearers, after a full and due reading
to the whole.
WITNESSES:
______________ ______________ _________________ ____________
_____________
_____________________________
SWORN TO AND SUBSCRIBED this _______ day of ____________________, 20 ___ ,
at _____________ , ______ Parish, Louisiana.
__________________________
NOTARY PUBLIC
THUS DONE AND SIGNED, in the presence of the competent witnesses and Notary Public,
who have hereunto subscribed their names, together with said appearers, after a full and due reading
to the whole.
WITNESSES:
_________________________ __ ______________________________
_____________
___________________________ ______________________________
___ __________
Intervenor
SWORN TO AND SUBSCRIBED this _______ d ay of ____________________, 20 ___ ,
at _____________ , ______ Parish, Louisiana.
______________________________
NOTARY PUBLIC