Marital Property Division Agreement
This Marital Property Division Agreement (the Agreement) is entered into by and between Han Fei (Party A) and Liu Wen (Party B) (collectively, the Parties), effective as of the date of the last signature below.
Recitals
A. The Parties were lawfully married on [date of marriage] in [place], and separated on [date of separation] (the Date of Separation). Dissolution of marriage proceedings are contemplated or pending in [court/jurisdiction] under case number [if applicable].
B. The Parties desire to fully and finally resolve, compromise, and settle between themselves all rights and obligations concerning their marital and separate property and debts, without further litigation, and to set forth the agreed-upon valuation and allocation of assets and liabilities, subject to approval and/or incorporation by the competent court where required by applicable law.
C. Each Party acknowledges having made full and fair disclosure of all assets, liabilities, income, and expectancies to the other Party and enters this Agreement freely, knowingly, and voluntarily after an opportunity to seek independent legal advice.
Definitions
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For purposes of this Agreement only:
1.1 Marital Estate means all property, rights, and interests acquired by either Party, individually or jointly, from the date of marriage through the Date of Separation, except property defined as Separate Property.
1.2 Separate Property means (a) property acquired by either Party before the marriage; (b) property acquired by gift or inheritance during the marriage and traceable proceeds thereof; (c) property excluded by valid agreement; and (d) personal injury non-economic damages allocated to a Party; in each case to the extent not transmuted or commingled under applicable law.
1.3 Valuation Date means [valuation date], which the Parties agree is the operative date for determining values, unless otherwise expressly stated.
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This Agreement reflects a negotiated settlement of disputed claims and does not constitute an admission as to the characterization or value of any asset or debt for any purpose other than enforcement of this Agreement.
General Provisions
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Comprehensive Disclosure and Reliance.
3.1 Each Party represents and warrants full disclosure of all assets and liabilities in which either has any legal or equitable interest, and that no material asset or liability has been concealed or misrepresented.
3.2 Each Party acknowledges reliance on such disclosures in entering this Agreement.
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Characterization and Allocation Framework.
4.1 Except as expressly provided, the Parties agree to allocate the Marital Estate and confirm Separate Property as set forth in Exhibits A–D.
4.2 Title shall be conformed to this Agreement irrespective of record title as of the effective date.
Division of Property
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Real Property.
5.1 The real property commonly known as [address] with legal description [legal description] (the Residence) is awarded to [Party A/Party B].
5.2 The awarded Party shall:
a. Assume and timely pay all encumbrances, taxes, insurance, and assessments accruing after the effective date;
b. Indemnify and hold the other Party harmless from any liability thereon; and
c. Refinance or otherwise remove the non-awarded Party’s name from any mortgage, deed of trust, or lien within [90/120] days, if commercially reasonable.
5.3 Within [30] days, the non-awarded Party shall execute a quitclaim deed or other instrument sufficient to convey title as required by local law, to be held in escrow pending confirmation of obligations in 5.2.
5.4 If refinance is not achieved by the deadline despite commercially reasonable efforts, the Residence shall be listed for sale with a licensed broker within [30] days, at a mutually agreed listing price or as set by the broker, and net sale proceeds shall be distributed as follows: [allocation formula].
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Bank, Cash, and Deposit Accounts.
6.1 Accounts identified on Exhibit A are awarded to Party A; accounts on Exhibit B are awarded to Party B.
6.2 Each Party shall retain funds standing to the credit of the awarded accounts as of the Valuation Date, plus or minus post–Valuation Date earnings, accretions, fees, and market changes.
6.3 Within [10] days, each Party shall remove the other as an authorized user or beneficiary from any awarded account and provide reasonable cooperation to effectuate retitling.
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Securities, Brokerage, and Digital/Crypto Assets.
7.1 Brokerage accounts, securities positions, and digital asset wallets shall be divided as set forth in Exhibits A–B.
7.2 Transfers shall be executed via ACATS, DTC, on-chain transfer, or other lawful means within [30] days. Any transfer fees shall be borne [equally/by recipient/by transferor] unless specified otherwise.
7.3 Cost basis and holding period shall carry over to the recipient to the extent permitted by applicable law.
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Retirement, Pension, and Deferred Compensation.
8.1 The following retirement/deferred compensation assets shall be divided as follows:
a. [Plan name] – [percentage or dollar amount] to [Party], measured as of [date], adjusted for gains/losses until distribution.
b. [Plan name] – [etc.].
8.2 Division shall be effectuated by a qualified or court-recognized domestic relations order, or equivalent order under applicable law (a DRO). The Parties shall cooperate in drafting and obtaining entry of any required DRO and the plan administrator’s approval. Plan-related fees shall be paid [equally/by recipient/by account holder].
8.3 Each Party retains as Separate Property any retirement assets accrued before marriage or after the Date of Separation, to the extent traceable.
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Business Interests and Professional Practices.
9.1 The Parties’ interests in businesses identified in Exhibits A–B are awarded as stated therein.
9.2 The recipient Party shall indemnify and hold the other harmless from business debts, guarantees, and obligations arising after the effective date.
9.3 If any third-party consents are required to effect assignment, the Parties shall execute commercially reasonable instruments to implement this allocation.
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Vehicles and Registrations.
10.1 Vehicles listed in Exhibits A–B are awarded accordingly. The recipient Party shall, within [15] days, retitle and register the vehicle and indemnify the other Party for liabilities arising on or after the effective date.
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Tangible Personal Property.
11.1 Each Party is awarded the tangible personal property in their possession except as otherwise listed on Exhibits A–B.
11.2 Any disputed items not enumerated shall be resolved by a mutually agreed selection process or third-party mediator/arbiter within [30] days.
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Intellectual Property and Royalties.
12.1 Intellectual property identified in Exhibits A–B, including copyrights, patents, trademarks, royalties, and license income, is awarded as specified; future royalties attributable to pre–Date of Separation works shall be allocated [percentage] to [Party], [percentage] to [Party], unless otherwise specified.
Allocation of Debts
- Debts and Liabilities.
13.1 Debts listed in Exhibit C are the sole responsibility of Party A; debts listed in Exhibit D are the sole responsibility of Party B.
13.2 Except as otherwise specified, each Party shall be solely responsible for debts incurred by that Party after the Date of Separation.
13.3 Each Party shall indemnify, defend, and hold the other harmless from debts allocated to them, including reasonable attorneys’ fees incurred to enforce this indemnity.
Tax Matters
- Tax Filings and Attributes.
14.1 The Parties shall file [jointly/separately] for tax year [year] if legally permitted and mutually agreed. Any tax due/refund for that year shall be shared [equally/as allocated], with each Party cooperating to sign necessary forms.
14.2 Each Party shall be responsible for taxes attributable to assets or income awarded to that Party, including capital gains upon subsequent disposition.
14.3 Dependency exemptions, credits, and carryforwards (if any) are allocated as follows: [allocation].
14.4 Nothing herein constitutes tax advice. Each Party has been advised to obtain independent tax advice.
Safeguards and Enforcement
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Omitted or After-Discovered Assets.
15.1 Any asset or liability omitted from Exhibits A–D that existed as of the Valuation Date shall be presumed to be marital (unless proven separate) and shall be divided [equally/by specified formula] or awarded by negotiated amendment or by court order. The discovering Party may seek appropriate equitable relief, including constructive trust and attorneys’ fees.
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Fraud, Concealment, or Nondisclosure.
16.1 In the event of material misrepresentation or concealment, the non-breaching Party may elect rescission, reformation, or supplemental division and shall be entitled to costs and reasonable attorneys’ fees.
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Cooperation and Further Assurances.
17.1 Each Party shall execute all documents and take all actions reasonably necessary to implement this Agreement, including deeds, assignments, account transfer forms, title applications, and DROs.
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Attorneys’ Fees and Costs.
18.1 In any action to enforce or interpret this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys’ fees and costs unless prohibited by applicable law or court order.
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No Waiver of Non-Property Issues.
19.1 This Agreement addresses property division and allocation of debts only. It does not adjudicate or waive claims regarding spousal support/maintenance, child custody, or child support unless expressly stated. If the Parties intend to address spousal support, insert: [Spousal support is waived by both Parties effective [date], with each Party forever barred from seeking maintenance from the other] or [Spousal support is reserved to the court].
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Independent Counsel; Voluntary Execution.
20.1 Each Party acknowledges the right to independent legal counsel. By signing, each Party affirms that they have had the opportunity to consult counsel of their choice and that they execute this Agreement freely, knowingly, and without duress or undue influence.
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Governing Law; Venue.
21.1 This Agreement shall be governed by and construed in accordance with the laws of [jurisdiction]. Venue for any proceeding to enforce this Agreement shall lie in [court/jurisdiction].
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Court Approval and Incorporation.
22.1 The Parties intend that, where required, this Agreement be submitted to the appropriate court for approval and be incorporated by reference in any decree of dissolution or judgment, and that its provisions shall survive as an independent contract enforceable at law and in equity.
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Entire Agreement; Modification.
23.1 This Agreement constitutes the entire understanding between the Parties on property division and supersedes all prior negotiations. Any modification must be in a signed writing.
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Severability.
24.1 If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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Notices.
25.1 Notices under this Agreement shall be delivered by personal service, courier, or certified mail to the Parties at the following addresses (or as updated in writing):
a. Party A: [address/email]
b. Party B: [address/email]
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Execution; Counterparts; Notarization.
26.1 This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original. The Parties agree to execute any notarizations required by applicable law to effectuate transfers contemplated herein.
Exhibits
Exhibit A – Assets Awarded to Party A (illustrative categories; attach detailed schedules as needed)
- Real property: [address; estimated equity/value; liens]
- Bank/checking/savings: [institution, account ending xxxx, balance as of Valuation Date]
- Brokerage/securities: [institution, account ending xxxx; positions]
- Retirement/deferred comp: [plan name; account number; marital portion allocation]
- Business interests: [entity name; ownership percentage; valuation method if applicable]
- Vehicles: [make/model/VIN]
- Tangible personal property: [notable items/collections]
- Digital/crypto assets: [wallets/exchanges; coin types/addresses]
- Intellectual property/royalties: [registrations, contracts]
- Insurance cash values: [policy numbers; cash value]
- Other: [describe]
Exhibit B – Assets Awarded to Party B
- Same categories as Exhibit A, itemized for Party B.
Exhibit C – Debts Allocated to Party A
- Mortgage(s)/HELOC(s): [lender; loan number; balance]
- Vehicle loans: [lender; balance]
- Credit cards/lines of credit: [issuer; balance]
- Taxes owed: [jurisdiction; tax year; amount]
- Student/consumer loans: [lender; balance]
- Business debts/guarantees: [creditor; amount]
- Other liabilities: [describe]
Exhibit D – Debts Allocated to Party B
- Same categories as Exhibit C, itemized for Party B.
Acknowledgments
By signing below, each Party affirms under penalty of perjury (or equivalent affirmation under applicable law) that:
- They have read and understood this Agreement in its entirety.
- They have had adequate opportunity to seek independent legal and tax advice.
- They are not relying upon any representation or promise not set forth herein.
- They believe the Agreement to be fair and reasonable under the circumstances and entered into without fraud, coercion, or duress.
Signature Blocks
Party A:
Name: Han Fei
Signature: __________________________
Date: _____________________________
Party B:
Name: Liu Wen
Signature: __________________________
Date: _____________________________
Notary Acknowledgments (add the form required by the governing jurisdiction)
State/Province of _____________
County/City of ________________
On this ____ day of __________, 20, before me, the undersigned notary public, personally appeared Han Fei, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same in his/her authorized capacity. Witness my hand and official seal.
Notary Public: ______________________
My commission expires: _____________
Seal: ______________________________
State/Province of _____________
County/City of ________________
On this ____ day of __________, 20, before me, the undersigned notary public, personally appeared Liu Wen, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same in his/her authorized capacity. Witness my hand and official seal.
Notary Public: ______________________
My commission expires: _____________
Seal: ______________________________
Important Implementation Notes
- Insert the governing law and venue applicable to the Parties’ dissolution proceedings; local law may require specific disclosures, acknowledgments, or judicial findings for enforceability.
- If dividing retirement assets, a plan-specific DRO (or local equivalent) is typically required; consult the plan’s model language.
- Real property transfers commonly require a deed in a form recognized by the local land registry; ensure proper recording and transfer tax compliance.
- Consider adding a specific timeline and mediator/arbitrator mechanism for unresolved personal property items.
- If either Party is waiving spousal maintenance, add a clear, conspicuous waiver clause consistent with local law.
