Pursuant to Clause 4, Article 135 of the 2024 Land Law, it is stipulated as follows:
Article 135. Principles for granting Certificates of land use rights and ownership of assets attached to land
4. In case the right to use land or the right to use land, the right to own property attached to land or the right to own property attached to land is the common property of the husband and wife, the full name, full name of the wife and husband must be recorded in the Certificate of land use rights, ownership of property attached to land, except in cases where the husband and wife have an agreement to record the name of one person to represent the husband and wife.
In case the right to use land or land use rights, the right to own property attached to land or the right to own property attached to land is the common property of a husband and wife and the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of house ownership rights, Certificate of construction ownership rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership of assets attached to land issued with full name of the wife or husband, it shall be issued and converted to a Certificate of land use rights, ownership of assets attached to land to record the full name, wife and family name, and husband's name if required.
Accordingly, if the red book is in the name of the couple, the land plot is considered the common property of the couple. Therefore, when divorcing, the principles of resolving the couple's assets upon divorce are stipulated in Article 59 of the Law on Marriage and Family 2014.
In addition, according to Clause 1, Article 59 of the Law on Marriage and Family 2014 and Clause 1, Article 7 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP, when divorcing, the couple has the right to agree with each other on the division of property.
If the agreement cannot be reached or the agreement is unclear and invalid, the land use rights will be divided according to Clause 2, Article 62 of the 2014 Law on Marriage and Family, which stipulates that the land use rights are the common property of the couple, then when divorcing, the division will be as follows:
(1) For agricultural land for annual crops and aquaculture, if both sides have a need and have conditions for direct land use, it shall be divided according to the agreement of both sides; if no agreement can be reached, the Court shall be required to resolve the matter.
- In case only one party has a need and conditions for direct land use, that party may continue to use the land but must pay the other party for the value of the land use rights they enjoy.
(2) In case the couple has the right to use agricultural land for annual crops and aquaculture with the household, when divorcing, the couple's land use right shall be separated and divided according to the provisions of Point (1) above.
(3) For agricultural land for perennial crops, forestry land for forestry, and residential land, it is divided according to the provisions of Article 59 of the Law on Marriage and Family 2014.
(4) For other types of land, they are divided according to the provisions of the law on land.
