Can Daughter-In-Law Be Named in the Red Book?

In contemporary times, the practice of parents bestowing land upon their children has become a prevailing trend. This age-old tradition raises pertinent questions, particularly when it comes to the inclusion of daughters-in-law in official documentation such as the red book. The red book, often associated with property ownership and legal rights, plays a crucial role in delineating the rightful owners of a piece of land. So can daughter-in-law be named in the red book? What are the conditions and benefits? Find out more details in the following article of NT International Law Firm.

Can Daughter-In-Law Be Named in the Red Book?

In the realm of real estate, the term “red book” is often used colloquially to refer to the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land. This official document, issued by the State, serves as legal recognition of an individual’s land use rights, ownership of houses, and ownership of other assets attached to the land.

Elucidating the Red Book

The Red Book is defined in Clause 16, Article 3 of the 2013 Land Law. It is a crucial document that establishes and protects an individual’s ownership rights to land and associated assets.

Conditions for Red Book Issuance

The issuance of the Red Book is subject to specific conditions outlined in the 2013 Land Law:

Subject Conditions:

• Pursuant to Clause 1, Article 97 of the 2013 Land Law, the Red Book is granted to individuals who possess land use rights, ownership rights to houses, and ownership rights to other assets attached to the land.

• Article 5 of the 2013 Land Law defines individuals with land use rights as households, individuals, and state agencies.

Age Conditions:

Currently, there are no legal regulations specifically stipulating an age requirement for holding a Red Book.

Land Donation to Children

According to Article 188 of the 2013 Land Law, land donation is subject to specific conditions:

• Possession of a valid Land Use Rights Certificate

• Absence of any encumbrances on the land that could hinder execution of a judgment

• Uninvolvement of the land in any legal disputes

• Compliance with the land use term

Daughter-in-Law’s Inclusion in the Red Book

The inclusion of a daughter-in-law’s name in the Red Book depends on the circumstances surrounding the land transfer:

Separate Land Gift Before and During Marriage:

Pursuant to Articles 43 and Clause 4, Article 59 of the Law on Marriage and Family 2015, if the son receives land separately before marriage and during the marriage, it remains the son’s separate property. This property is not subject to division in case of divorce unless it has been incorporated into the common property. In such instances, the daughter-in-law’s name cannot be included in the Red Book.

Merged Land into Marital Property:

If the separately gifted land is merged into the common property of the husband and wife, or if the land is given to both the husband and wife, it becomes their common property. Consequently, the wife’s name can be included in the Red Book.

Daughter-in-Law’s Rights with Red Book Ownership

The daughter-in-law’s rights as a Red Book holder depend on the ownership structure:

Sole Ownership:

If the daughter-in-law’s name is the sole name on the Red Book, she enjoys the following rights:

• Inviolable rights to the legally owned housing

• Usage of the housing for residential purposes and other lawful purposes

• Right to obtain a certificate of housing ownership

• Right to sell, transfer, lease, sublease, donate, exchange, inherit, mortgage, contribute capital, lend, or authorize housing management

• General use of public utilities in the building

• Right to maintain, construct, renovate, and demolish the housing

• Right to compensation when the state requisitions or confiscates the property

Joint Ownership:

If both husband and wife’s names are on the Red Book, the land is considered common property. While both spouses have equal rights to the land, exercising these rights requires the signatures of both parties.

Conclusion: Can Daughter-In-Law Be Named in the Red Book?

The Red Book serves as a pivotal document establishing ownership rights to land and associated assets. Its issuance and ownership implications are governed by specific legal provisions. Understanding these legalities is crucial for individuals involved in land transactions and ensuring the protection of their rights.

NT International Law Firm has addressed the question of whether daughter-in-law 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.

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