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