Example of a Property Division Contract
Contracts / / July 04, 2021
The property division contract, it is a private document, for its realization, the participation of two witnesses, one for each of the parties, and if you want to give public faith of the same, participation
This contract has the purpose of dividing or separating a property that is donated or with double ownership, and is based on an equitable separation agreement of the property that is the object of the action.
Example of a property division contract:
PROPERTY DIVISION CONTRACT. Celebrated as owners with full rights, on the one hand, by Juana Elvia Calva Pérez, who identifies herself with a credential of voter folio (1213456abc) and, on the other hand, María Teresa Calva Pérez, who identifies herself with voter credential folio (1213456abc).
The parties with this document indissolubly accept the division of the property that is the object of this contract.
Both parties declare to be Mexicans with full legal and mental capacity to be bound to enter into this contract, as well as declare that the property that is the object of the contract is free of encumbrances and up to date with any contribution it may have; for which the documents that confirm said circumstance are presented.
Both parties have been duly advised of the penalties established by law for persons who falsify information, especially in relation to income tax payments; In order to enter into the aforementioned agreement, the parties will adjust in accordance with the following antecedents and clauses:
BACKGROUND:
- The parties Juana Elvia Calva Pérez and María Teresa Calva Pérez declare that they are legitimate owners of the property that is located on the México Pachuca highway between kilometer 145 and 161 with an area of 12-50-00 Has (TWELVE HECTARES, FIFTY AREAS, ZERO CENTIAREAS) located within the following measures and boundaries: North 225.00Mts. With Mexico Pachuca highway, to the south, 230.00Mts. With the property La celestina; To the east, 557.78Mts. With the property owned by Mr. Rogelio Mora Reveles; and to the west; 555.78Mts. With the estate the Zarcillo.
- The property that is the object of this contract was acquired by the current owners through the succession of his father, Who in life bore the name of Ernesto de Jesús Calva Rodríguez through the provisions of the will legal.
- Said succession is found in notarial deed number 99034, carried out by notary public number 222 of the city of Pachuca de Soto, Hidalgo Mexico.
- This property is duly registered in the public registry of property and commerce of the city of Pachuca de Soto, Hidalgo Mexico.
Having stated the above, the contracting parties assume the following:
CLAUSES:
First.- Of the division of property. This DIVISION OF PROPERTY agreement entered into by the parties mentioned above who agree to the division of the joint ownership for TODAY AND ALWAYS, of the bare property. And it is constituted, THE USE, ROOM AND LIFETIME USUFRUCT in favor of Mrs. Elvia Calva Pérez, who accepts the division of the co-ownership, of a fraction of the RUSTICO property, constant with an area of 01-25-00 Has. (ONE HECTARE, TWENTY-FIVE AREAS ZERO CENTIAREAS), Located within the following measures and boundaries: to the NORTH: 217.40 M. With the México Pachuca highway, to the SOUTH, 217.40 M. With the property La celestina; EAST, 58.00 M. With the property owned by Mr. Rogelio Mora Reveles; and to the WEST; 57.00mts. With a fraction of this same property; all these boundaries of the property previously described in the antecedents preamble; being this division of the common thing, with all that in fact and by right has and corresponds to the aforementioned property within the detailed limits.
The contractors are Mexican by birth, with legal capacity to be bound and contract and according to their saying and under protest of telling the truth and aware of the penalties in that according to the law they say they are up to date in the payment of income tax, without stating anything to the contrary and having demonstrated it documentary; in order to enter into the aforementioned agreement, in accordance with the pertinent antecedents and clauses.
Second.- The price of the property. The estimated value of this operation is the amount of $ 1000,200.00 (One million two hundred thousand pesos 00/100 M.N.), for the purpose of paying taxes and corresponding rights of the real estate mentioned.
Third.- The parties declare to be in full conscience, without fraud, violence, eviction or enrichment in any of the parties as well as waiving the price and the right to request the cancellation of this contract.
Quarter.- Based on article 1048, 1049 and 1050 of the civil code in force in the state of Hidalgo, the division will be made with the transfer of ownership of the corresponding fraction.
Fifth.- The co-owner party is obliged to guarantee the other party the price of the property and peaceful possession of the divided property, as well as to provide the sanitation in case of eviction, in the form and in accordance with the law reached case.
Sixth.- The expenses and fees that are the object of this contract will be borne in equal parts by the parties participating in it.
GENERAL:
The generals of the parties are as follows:
The Mrs. Juana Elvia Calva Pérez, was born in the city of Pachuca, Hidalgo state on May 15, 1959, daughter of Mr. Ernesto de Jesús Calva Rodríguez and Mrs. Antonieta Pérez López and is a neighbor of the town of Menixquingo, where the property that is the object of this contract is located, presents her R.F.C. number (rpe1245)
The Mrs. María Teresa Calva Pérez, was born in the city of Pachuca, Hidalgo state on July 21, 1962, daughter of Mr. Ernesto de Jesús Calva Rodríguez and Mrs. Antonieta Pérez López and is a neighbor of the town of Menixquingo, where the property that is the object of this contract is located, presents her R.F.C. number (epr5421)
WITNESSES:
After having read this contract the interested parties in front of the mutually accepted witnesses by the parties are identified as:
Mr. Fausto Gómez Flores, originally from the Municipality of Monte Blanco Oaxaca and a neighbor of this municipality since 1985 is identified with voter registration number 5568asd78 of occupation farmer.
Mr. Jimeno Fuentes Suárez, who is originally from Atlacomulco state of Mexico, who identifies himself with his voter credential, folio number 2256sdt2
Read this contract. Those who participated in it sign.
As of August 06, 2012
Juana Elvia Calva Pérez Maria Teresa Calva Pérez
Signature Signature
Witness Witness
Signature Signature