To avoid disputes and ensure the rights of children living together, parents should use one of the following two options:
Option 1: Giving land use rights to people living with you in accordance with regulations.
According to Clause 1, Article 27 of the 2024 Land Law, land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights...
This option means that after giving land to a child to live separately or giving to a daughter when getting married, parents must carry out procedures to give the remaining land or give a part of the land use right to a child to live with them to ensure fairness.
- This option has the following advantages and disadvantages:
+ Advantages: Ensuring fairness between children, ensuring the rights of children living with their parents, even when their parents die.
+ Disadvantages: If you give your entire house and estate to your child, there are many cases where children do not fulfill their obligations such as not taking care of their parents, even driving their parents out of the house.
Option 2: Make a will to leave your land to your children to live with you.
According to Article 624 of the 2015 Civil Code, when wanting to leave their assets to someone else after death, the person with assets often chooses to make a will. And those whose names are in the will will inherit according to this will
That is, if the father or mother leaves the remaining inheritance to the child living together, they will protect the inheritance rights of the child living together without being required to share by other heirs.
Accordingly, to ensure the right to divide and enjoy the remaining real estate after dividing the house and land to a child living separately, and to let their daughter get married, parents should give or make a will to a child living with them (the giving or making of a will must be done in accordance with the provisions of law to ensure legal validity, and should not be given orally because "there is both a thing and no one".
The above is the option of transferring the red book that people living with parents are most likely to suffer and the handling plan. It can be seen that the transfer of ownership under this plan is increasingly likely to cause disputes due to increasing land prices, and at the same time, each individual cannot foresee what the future will be like, so it is best to protect themselves and their family relationships according to the provisions of law.
