Real estate can be common property even if the red book is in the name of one person
According to the current Land Law, if the real estate is the common property of a husband and wife, both have the right to transfer, donate, inherit, contribute capital... even if the red book is only in the name of one person.
The 2014 Law on Marriage and Family also stipulates that property is a house and land owned by a husband and wife if:
Formed after marriage, except in cases where one party is a separate heir, a private gift or a purchase with personal property.
Is property inherited by husband and wife together, given to the husband and wife together or with an agreement that it is a common property.
Without evidence to prove that it is separate property, it is definitely common property.
In reality, there are many cases where red books are only in the name of one person but the real estate is still under common ownership. To avoid disputes, both can have their names on the red book or make a notarized joint property agreement.
When real estate is private property
According to Clause 1, Article 44 of the Law on Marriage and Family 2014, if the real estate is the property of a husband or wife, the owner has full right to decide. However, there are two exceptions:
If the two parties have another agreement on the use and management of the property.
If the owner cannot manage it himself and does not authorize anyone else, the remaining husband/wife has the right to manage it on his/her behalf.
In addition, private assets can also become common assets if there is an agreement to join the common asset block. For example, a person who owns a house and land before marriage then decides to share the ownership with his/her husband.
How to determine your own assets
To prove that the house and land are private property, there must be legal documents such as: Pre-marital sale and purchase contract; Notarized inheritance and donation documents; Property agreement between the couple.
If the private property is purchased after marriage with personal money, the owner should have supporting documents such as a private loan contract or account statement to avoid disputes.
Benefits and risks of having assets under one's name
To ensure the rights of the husband/wife, the owner of the property can make a donation contract or an agreement to join the common property.
When divorced, private assets are not divided, unless there is evidence that they have been merged into common property. If a dispute arises, the party whose name is not on the list but has contributed to the property can request the Court to consider the rights.
Whether it is common or private property, establishing clear ownership from the beginning helps limit disputes and protect the rights of both parties.
