Is a red book that only has the name of a spouse considered the common property of husband and wife?

QUESTION:

Hello Lawyer, I have a question for you and hope to receive an answer as follows:

My wife and I bought a house in District 1 but when carrying out the purchase and sale, and updating red book procedures, only my wife got her name on it. I want to ask Lawyer if this real estate is considered the common property of my wife and me. Thank you.

ANSWER:

PL&Partners would like to thank our readers for trusting and sending us questions. Regarding your question, we would like to give the following answer:

To determine whether the Book on which only has the name of your wife is common property or separate property, it is necessary to determine the origin of the land use rights and ownership of that housing first.

Pursuant to Article 33 of the Law on Marriage and Family 2014, the husband and wife’s common property includes:

  • Assets created by a spouse, income generated from labor, production, and business activities;
  • Yields, profits arising from the separate property;
  • Other lawful income during the marriage period,
  • Property jointly inherited by or given to both husband and wife;
  • Other property that the husband and wife agree to be common property;
  • Disputed property without grounds to prove that it is separate property.

Meanwhile, the separate property of a spouse as prescribed in Article 43 of the Law on Marriage and Family 2014 includes:

  • Assets each person has before marriage;
  • Property inherited or donated separately during the marriage;
  • Property created from the separate property of a spouse;
  • Property which is divided to a spouse when dividing common property during the marriage period.

THUS, compare the above provisions to your case:

This house was purchased by the savings of you and your wife since getting married. It is not given as a gift to anyone, or inherited separately by anyone, or bought by a person’s own property. Therefore, this house is the common property of husband and wife. If your wife thinks that the property is her own property, she shall prove that the house was a gift, or she separately inherited it, or she bought it with her own money without the contribution of the other party, etc.). If she fails to prove it, the property is the common property of spouses.

  • The above-mentioned consulting opinions are based on the provisions of the law and information provided by the client. Any legal opinions expressed (unless cited) are our own and for reference only.
  • At the time you read this article, the laws we refer to may have expired, or have been amended or supplemented. Therefore, we do not guarantee that the above information can be applied to all cases, to all subjects, at all times.
  • For accurate and specific consultancy, please contact PL&Partners lawyer via call center 093.1111.060 or email: info@pl-partners.vn.
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