Can Both Spouses Be Named In The Red Book?

The act of signing the red book in your name serves as evidence of the owner’s entitlement to the land. Consequently, can both the husband and wife have the same name recorded on the red book? NT International Law Firm will address whether both spouses can be name in the Certificate of Land Use Rights in the subsequent article.

Can Both Spouses be named in the Red Book?

Red Book: Eligibility and Age Requirements

Subject Conditions:

According to Clause 1, Article 97 of the 2013 Land Law, the Red Book (Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land) is issued to individuals or entities who hold land use rights, ownership rights to houses, and ownership of other assets attached to the land.

Article 5 of the 2013 Land Law clarifies that individuals or entities with land use rights include:

• Households
• Individuals
• State agencies
• Other organizations as prescribed by law

Age Conditions:

Surprisingly, current legal regulations in Vietnam do not impose any age restrictions on holding a Red Book. This means that anyone who fulfills the subject conditions, regardless of age, is eligible to be named in the Red Book.

Therefore, as long as an individual or entity possesses the necessary rights to land, housing, and attached assets, they can be issued a Red Book and have their name registered on the certificate.

Can Both Spouses be named in the Red Book?

Yes, both spouses can be named in the Red Book (Land Use Rights Certificate) under certain conditions.

Legal Basis:

• Clause 1, Article 34 of the Law on Marriage and Family 2014: Jointly owned property requires registration in both spouses’ names.
• Clause 4, Article 98 of the 2013 Land Law: Spouses can request changes to the Red Book, including adding or removing names.

Conditions:

• Property ownership: The land must be jointly owned by both spouses. This can occur through inheritance, purchase, or other legal means.
• Joint request: Both spouses must agree to have their names added to the Red Book and submit a formal request to the competent authority.

Process:

1. Prepare documents:
   • Marriage certificate
   • Proof of joint ownership of the land (e.g., purchase contract, inheritance documents)
   • Application for Red Book amendment
2. Submit documents to the relevant land management agency:
   • Commune People’s Committee for rural land
   • District People’s Committee for urban land
3. Pay any applicable fees
4. Receive the amended Red Book with both spouses’ names listed

Additional Notes:

• If the land was acquired before the marriage, the spouse who initially held the Red Book will remain the named owner unless both spouses agree to change it.
• Consulting with a lawyer can be helpful in understanding the specific requirements and procedures involved in adding both spouses’ names to the Red Book.

In conclusion, both spouses can be named in the Red Book as long as they jointly own the property and request the change officially. By understanding the legal basis and process, couples can ensure their land ownership rights are properly documented.

Regulations concerning seperate property and common marital property

Separate Property:

• Land acquired by a spouse before marriage or by inheritance or gift during marriage remains their separate property.
• The non-owning spouse has no ownership rights to this land and cannot be named on the Red Book (Land Use Rights Certificate).
• This land will not be divided during divorce unless it has been explicitly included in the common property.

Common Property:

• Land acquired by both spouses during marriage through purchase, joint ventures, or other legal means becomes common marital property.
• Both spouses have equal ownership rights to this land and can be named on the Red Book.
• In case of divorce, this land will be divided equally between the spouses unless they have a prenuptial agreement or a different agreement regarding its division.

Merging Separate Property into Common Property:

• Separate property can be merged into common property through express agreement between the spouses.
• This agreement must be in writing and signed by both spouses.
• Once separate property is merged into common property, it becomes subject to the same rules as any other common property, including division during divorce.

Key Takeaways:

• Understanding the distinction between separate and common property is crucial for land ownership during marriage and divorce.
• Separate property remains owned by the acquiring spouse unless explicitly merged into common property.
• Both spouses have equal rights to common property, including land acquired after marriage.
• Prenuptial agreements or written agreements can modify the default rules regarding property division.

Seeking legal advice is highly recommended when dealing with complex issues like separate and common property, especially when land ownership is involved.

Only husband or wife is named in the Red Book

Common Property:

• Even if only one spouse is named on the Red Book for property belonging to both spouses, any transaction related to that land must be carried out with the consent of both parties. This ensures that both spouses have a say in decisions affecting their shared property.
• This applies to actions like selling, donation, inheritance, pledge, mortgage, exchange of land, authorization of land management, etc.
• Failure to obtain the consent of the other spouse can invalidate the transaction or lead to legal disputes.

Separate Property:

• If the Red Book names only one spouse for land considered their separate property, transactions related to that land do not require the consent of the other spouse. This is because the non-owning spouse does not have any ownership rights to the property.
• The spouse listed on the Red Book has full authority to make decisions regarding the land without consulting the other spouse.

Examples:

• Common Property: A married couple owns land jointly. The Red Book lists only the husband’s name. If they want to sell the land, they both need to sign the sale agreement.
• Separate Property: A wife inherits land from her parents before marriage. The Red Book lists only her name. She can sell the land without her husband’s consent.

Key Points:

• Red Book ownership alone does not determine whether the property is separate or common.
• Consent of both spouses is mandatory for transactions involving common property, regardless of who is named on the Red Book.
• Separate property transactions only require the consent of the spouse listed on the Red Book.

It is crucial to understand these distinctions to avoid legal complications and ensure fair treatment for both spouses in property matters.

NT International Law Firm has addressed the question of whether both spouses can be named in the Red Book. 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