Sir, my wife and I are looking to buy a piece of land. However, my husband and I intend to only write my husband’s name on the red book. So is the law required to write the names of both husband and wife on the red book? And if I only write my husband’s name on the book, if my husband and I divorce later, if my wife and I divorce, will I be able to divide this land? LSX Lawfirm will give you an article about: “Does the red book have the couple’s names according to Vietnamese law?”, as follows:
Legal grounds
Civil Code 2015;
Land Law 2013;
Law on Marriage and Family 2014.
Is the red book mandatory for the couple’s names?
According to the provisions of Clause 1, Article 34 of the Law on Marriage and Family 2014; on registration of ownership and use rights for common property:
In cases where property under common ownership of husband and wife is required by law to have ownership and use rights registered; the certificate of ownership or certificate of use right must include the names of both husband and wife; except where the husband and wife have other agreements.
The land that you and your wife buy during your marriage, so when you register your land use rights; the competent State agency will write your name on the certificate of land use right; but not in every land use right certificate. In the case of land use right certificates, both husband and wife’s names are listed.
In order to protect the legitimate interests of the parties, in the case of property acquired by a husband or wife during the marriage period; which is required by law to register ownership but only the name of the owne; recorded in the certificate of ownership. wife or husband.
First case
Property is formed during the marriage and in principle this is the common property of the husband and wife; but the husband and wife agree that this is the separate property of one party.
In this case, either spouse must make a written commitment to be the other’s separate property. This commitment is also certified by a notary.
After having this commitment, the notary will certify the transaction for one party to sign.
In case the person in the name (owner) later wants to transfer (general disposition) to another person; he must simultaneously present the written commitment made at the notary office before.
This assignment does not require the participation of a person not named on the Certificate.
Second case
Property formed during the marriage and granted a Certificate of Ownership, a Certificate of Use Right in the names of both husband and wife, howeverl; for some reason, one party is not eligible; perform civil transactions related to common property.
In this case, the spouses make a Power of Attorney certified by the notary for the other person to perform certain tasks on their; behalf in relation to the common property of the husband and wife (such as lease, mortgage, etc.). , transfer…).
After receiving the authorization; only the authorized recipient is eligible to participate in the transaction (within the scope of authorization) that not required by law to involve the other person.
In this case, it is not necessary to write both husband and wife’s names on the red book.
Red book is only in the name of husband or wife, can it be divided after divorce?
Thus, in your case, if the land is only in your husband’s name, if the two of you get divorced; you need to prove the reason why you are not in the red book.
If your husband proves that the land was pre-marital property, donated or inherited separately; or formed from separate property, the land will be your husband’s separate property without included in the estate; common property of husband and wife. In this case, if you divorce, you will not be able to divide this land.
If you can prove the reason why your name is not on the red book; the property created during the marriage created by both of you that accepted by the Court and if your husband does not prove it; If you have the right to use the land that your husband personally owns; then that land will be the common property of the couple.
In order to best protect your interests, you need to have a document sent to the People’s Committee of the district; where the land located, requesting that both husband and wife’s names recorded on the land use right certificate.
You can also refer to the article related to Settlement of deposit contract disputes when buying land in Vietnam or Procedures for leasing land for 50 years in Vietnam; Land use term as prescribed by Vietnamese law; or Documents to apply for land use extension in Vietnam; Guidance on procedures for transferring land use rights in Vietnam.
Related questions
In case of change of land use purpose, permission must be obtained without obtaining permission from a competent state agency; it depends on the type of land and the area of illegal transfer; that the level of administrative violations is different. Besides being fined; violators are forced to restore the original state.
To convert annual cropland to other agricultural land, including: Land used to build greenhouses and other houses for cultivation purposes; land for construction of barns for raising cattle, poultry and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
Converting land for planting other annual crops and aquaculture land to planting perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Then converting residential land to non-agricultural land which is not residential land;
Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land or non-agricultural production establishment land to land for construction of non-business works.
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