The Selling House Divorce Agreement is a specialized legal document used in Nigeria when divorcing spouses need to sell their matrimonial home as part of their divorce settlement. This document is particularly important as it must comply with both Nigerian property law requirements (including the Land Use Act 1978) and matrimonial law provisions. It's typically used when there's mutual agreement to sell the property or when mandated by a court order. The agreement covers crucial aspects such as property valuation, distribution of proceeds, timing of the sale relative to the divorce proceedings, and necessary governmental approvals. It protects both the divorcing parties' interests and ensures the buyer receives clear title. The document becomes especially relevant when the property represents a significant matrimonial asset and requires careful handling to ensure fair distribution and legal compliance.
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1. Parties: Identification of the divorcing spouses as sellers and the buyer(s), including their full legal names, addresses, and marital status
2. Background: Context of the sale including reference to divorce proceedings, court orders (if any), and brief property history
3. Definitions: Definitions of key terms used throughout the agreement, including property description, completion date, and other relevant terms
4. Property Details: Comprehensive description of the property, including legal description, title information, and registration details
5. Purchase Price: Agreed purchase price, payment terms, and distribution of proceeds between divorcing parties
6. Completion Requirements: Conditions for completion, including required consents, documentation, and timing
7. Representations and Warranties: Sellers' representations regarding property ownership, divorce status, and authority to sell
8. Title and Transfer: Provisions regarding clean title transfer and required governmental approvals
9. Completion Process: Step-by-step process for completing the sale and transfer
10. Post-Completion Obligations: Obligations of all parties after completion, including registration requirements
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
1. Court Approval: Required if the divorce settlement or property sale needs court approval
2. Mortgage Details: Include if there's an existing mortgage to be discharged
3. Third Party Consents: Required if any third party consents are needed beyond the divorcing parties
4. Tax Provisions: Specific tax arrangements between divorcing parties if relevant
5. Spousal Maintenance Impact: Include if sale proceeds affect spousal maintenance arrangements
6. Occupancy Arrangements: Required if either party needs temporary occupancy post-sale
7. Children's Interests: Include if the property sale affects children's living arrangements or interests
1. Property Description Schedule: Detailed legal and physical description of the property
2. Inventory Schedule: List of fixtures and fittings included/excluded in the sale
3. Financial Schedule: Breakdown of purchase price allocation between parties and payment terms
4. Required Consents: List of all required consents and approvals
5. Property Documents: List of title documents and other relevant property documentation
6. Court Orders: Copies of relevant divorce proceedings documents or court orders
7. Completion Requirements Checklist: Detailed checklist of all requirements for completion
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