Determining common and separate assets of a couple
According to Clause 1, Article 33 of the Law on Marriage and Family 2014, the common property of the husband and wife includes assets created by the husband and wife; legal income; assets inherited together, donated together... during the marriage.
Dignity is the property that each person has before marriage; assets inherited separately, donated separately during the marriage; or assets divided separately according to agreement.
Determining common and separate assets depends on the time, origin of the assets and the agreement of the husband and wife.
There is no section on the red book clearly stating "common assets" or "unique assets"
Clause 4, Article 135 of the 2024 Land Law stipulates: if the right to use land or assets attached to the land is the common property of a husband and wife, the red book must record both the wife's name and the husband's name, except in cases where both sides agree to only record one person as the representative.
How to show it on the red book: If both sides are in the name, it should be written "Both/Mr. ...
and husband (or wife)," along with the personal information of both sides.If there is an agreement to record the name of one person as the representative, it should be written "Mr./Ms. is the representative of the husband and wife".
When the issued red book has changed information due to the couple adding separate assets to the common property, the confirmation is carried out according to Clause 10, Article 13 of Circular 10/2024/TT-BTNMT.
In case the private property is converted into common property, the land use rights or assets attached to the land of the husband or wife added to the common property will be recorded as follows: "Husband/wife..., full name, date of birth... and husband (or wife)...", showing the joint use of the land plot or joint ownership of assets attached to the land, with information "according to the digital file...".
Thus, the red book does not have a separate section to record "common assets" or "unique assets". Only in cases where a couple adds their own assets to the common property will this content be noted on the Certificate.
