When is a house and land a common property of a husband and wife?
In the following cases, real estate is determined to be the common property of a husband and wife:
Land use rights are common property when in the following cases: spouses acquired during the marriage through the following forms: being allocated land by the State, leased land, received by transfer, received by joint inheritance, or given to the common.
Housing is the common property of a couple when: purchased with money from a husband or wife; given to a wife or husband, inherited together; is a separate property but the husband and wife have agreed to convert it into a common property; or a house formed from profits or income arising from the husband or wife's separate property.
In case there is no basis to prove that the house or land in dispute between the husband and wife is the separate property of each party, the house or land shall be considered common property.
A house or land purchased or transferred with salary from a husband or wife during the marriage period is still considered a common property, even though the purchase price comes from the income of one party.
Record the names of husband and wife together in the red book
According to Clause 4, Article 135 of the 2024 Land Law, in cases where land use rights or ownership rights of assets attached to land are the common property of a husband and wife, the full name, wife and family name, and husband's name must be recorded in the red book.
In case the red book only records the name of the husband or wife, it can be issued to a new book to add the names of both if required, except in cases where the property was purchased with the own money of one party or the two people had an agreement to only represent one person, or determined that this was a separate property.
Procedures for holding a red book in the name of one person
Notary of the sale contract:
Prepare documents, records, red books; then the buyer and seller go to the notary organization. After about 2 days, the contract was processed and the parties paid the notary fee according to regulations.
Transferring the red book:
The documents include: Application for registration of changes, sales contracts, red books, personal income tax declarations...
People submit documents at the One-stop Department of the People's Committee at the commune level where the land is located or the Land Registration Office.
Processing time: No more than 10 days from the validity of the application. For mountainous areas, islands, remote areas... the time limit shall not exceed 20 working days.
In short, having the red book in the name of one person or both husband and wife does not change the notary procedure or transfer the name. However, if a dispute arises, the named party must prove that the source of money for buying a house or land is private property, or there is a written agreement to determine the private property or the name alone.
