Fill and Sign the Property Partition Form

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 Judgment 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 ______ Subdivision 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 ______ , ______ , ______ annexed to Act recorded in Book ______ , Folio ______ , under Entry No. ______ of the Conveyance Records, ______ Parish, Louisiana and TOGETHER THEREWITH all of that portion of ______ beginning at a line being the extension 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 extension 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 Credit 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 _____________ , bearing VIN # _____________ . (3) That certain money market account with _____________ , bearing Account # _____________ , containing ______ shares; _____________ does hereby agree to pay the 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 as 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 insurance 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. _____________ , does 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, bearing 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 this 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 ______ , current balance of $ ______ ; (3) ______ = s Charge 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 agreement 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 settlement; 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 assent 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 necessity 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 neither 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 representations 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 should 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 accomplished 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 accounts 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 competent 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 release 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 property 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 Community 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 specifically 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 same 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 death 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 _______ day of ____________________, 20 ___ , at _____________ , ______ Parish, Louisiana. ______________________________ NOTARY PUBLIC