Wife’s Red Book And Husband’s Entitlements

In marriage, real estate is mostly in the names of both spouses. However, there are still some special cases where the red book is only in the name of one of them. So if the wife’s name is on the red book, does the husband have any rights? Let NT International Law Firm answer for you in the following article about the Wife’s Red Book and Husband’s Entitlements.

Wife’s Red Book

In the realm of marriage, the concept of property rights often presents complexities, particularly when it comes to real estate ownership. The Red Book, officially known as the Certificate of Land Use Rights, Housing and Assets Attached to Land, serves as a crucial document establishing property ownership. However, instances arise where the Red Book is solely in the wife’s name, raising questions about the husband’s rights and entitlements.

Governing Principles: Common Property and Separate Property

To understand the husband’s rights in relation to the wife’s Red Book, it is essential to grasp the distinction between common property and separate property of husband and wife.

Common Property

As defined by Article 43 of the Law on Marriage and Family 2014, common property encompasses assets acquired during the marriage period, including:

• Assets owned by either spouse before marriage

• Property gifted to one spouse by another person during the marriage

• Property used solely for the purpose of serving the spouse’s own needs

• Assets divided separately between spouses during the division of common property during the marriage period

• Assets formed from the separate property of the spouses, including fruits and profits arising from the separate property during the marriage period after the division of common property

• Other assets as prescribed by law

Separate Property

Article 33 of the Law on Marriage and Family 2014 outlines the components of separate property, which primarily consists of:

• Assets owned by either spouse before marriage

• Property gifted to one spouse by another person during the marriage

• Property used solely for the purpose of serving the spouse’s own needs

• Assets divided separately between spouses during the division of common property during the marriage period

• Assets formed from the separate property of the spouses, including fruits and profits arising from the separate property during the marriage period after the division of common property

• Other assets as prescribed by law

Conditions for Red Book Registration

According to Clause 1, Article 97 of the 2013 Land Law and Article 5 of the 2013 Land Law, individuals, households, or State agencies with land use rights, housing ownership rights, or ownership of other assets attached to land are eligible for a Red Book.

Therefore, if the wife meets the criteria to prove land ownership, house ownership, and ownership of other assets attached to land, she will be issued a Red Book in her name.

Husband’s Rights in the Wife’s Red Book

The husband’s rights in relation to the wife’s Red Book depend on whether the real estate is considered separate property or common property.

Separate Property

If the real estate falls under the wife’s separate property, as defined by Article 33 of the 2014 Law on Marriage and Family, the husband has no rights to the land plot or assets attached to that land plot.

In this scenario, the wife holds sole decision-making authority over the real estate, and the husband has no entitlements.

Common Property

Pursuant to Clause 1, Article 29 of the 2014 Law on Marriage and Family, husband and wife enjoy equal rights and obligations regarding common property. Consequently, even though the Red Book is solely in the wife’s name, the land use rights are equally shared between both spouses. Both parties have the same rights and obligations with regard to the creation, possession, use, and disposal of the real estate.

Article 35 of the Law on Marriage and Family 2014 mandates that exercising these rights requires the signatures of both the husband and the wife.

Conclusion: Wife’s Red Book and Husband’s Entitlements

Understanding the intricacies of property rights in marriage, particularly when it comes to the wife’s Red Book, is crucial for safeguarding the interests of both spouses. By adhering to the legal framework governing common property and separate property, husband and wife can ensure that their rights are respected and protected.

NT International Law Firm has addressed the question of if wife’s name is on the Red Book then what rights the husband will have, if any at all. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land