Can Your Daughter-in-Law Be Named on the Red Book? Navigating Inheritance & Property Rights

In Vietnam, gifting land to children is a common practice, but what happens to a daughter-in-law’s rights? Can she be named on the title deed, famously known as the “red book”? NT International Law Firm dives deep into this complex topic, clarifying conditions, benefits, and legal intricacies.

Can Your Daughter-in-Law Be Named on the Red Book? Navigating Inheritance & Property Rights

Understanding the Red Book:

The red book, officially called the “Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land,” is a crucial legal document. It confirms an individual’s right to use land, own houses, and other land-related assets.

Who Can Hold a Red Book?

Legally, anyone with land use rights or ownership of houses and assets attached to land can be issued a red book. This includes:

• Households
• Individuals
• State agencies

There are no age restrictions for holding a red book.

Gifting Land to Children:

To gift land in Vietnam, certain conditions must be met, as outlined in the 2013 Land Law:

• The land must have a red book.
• The land cannot be seized due to any legal disputes or judgments.
• The land’s usage term must be valid.

Daughter-in-Law’s Name on the Red Book

Daughter-in-Law’s Name on the Red Book:

The answer to whether your daughter-in-law can be named on the red book depends on the timing and nature of the land gift:

Land Gifted Before Marriage:

If the land was gifted to your son before marriage, it becomes his separate property, as per the 2015 Law on Marriage and Family. This means your daughter-in-law won’t have any claim to it unless it’s merged into their common property later.

Land Gifted During Marriage:

If the land was gifted during the marriage, two scenarios are possible:

• Separate Property: Similar to above, if the gift remains separate, your daughter-in-law won’t be on the red book unless it’s included in their common property.
• Merged into Marital Property: If the land is intentionally merged into their common property through legal procedures or jointly gifted to both spouses, it becomes shared ownership. In this case, your daughter-in-law’s name can be added to the red book.

Benefits of the Daughter-in-Law’s Inclusion:

Adding your daughter-in-law’s name to the red book offers several benefits:

• Shared Ownership: Both spouses have equal rights and responsibilities regarding the land.
• Protection Against Divorce: In case of divorce, the land won’t be solely considered the husband’s, ensuring fairer asset division.
• Enhanced Security: Both spouses can manage and make decisions regarding the land.

Seeking Legal Advice

Seeking Legal Advice:

Understanding land ownership and inheritance can be complex. Should you face specific circumstances or require clarity on your situation, NT International Law Firm strongly recommends seeking advice from experienced land lawyers. Our team can address your concerns and guide you through the legal intricacies of land gifting and daughter-in-law’s rights.

Remember:

• Land gifting should be documented appropriately to avoid future disputes.
• Marriage and family laws play a crucial role in determining joint ownership.
• Seeking legal counsel ensures informed decisions and protects your rights.

With careful planning and knowledge of the legal framework, you can ensure a smooth and secure land transfer for your children and their spouses.

NT International Law Firm is Here to Help You

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 law, 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 2015 Civil Code in English
• The 2015 Civil Procedure Code in English
• The 2013 Law on Land in English