File for Procedures to Transfer Land Use Rights from Separate Property to Joint Property of Husband and Wife: What Does It Include?
What documents are required to convert the land use rights from separate to joint ownership between husband and wife?
Based on Clause 2, Article 9 of Circular 24/2014/TT-BTNMT (amended and supplemented by Clause 1, Article 2 of Circular 14/2023/TT-BTNMT) as follows:
Documents required for the procedure of land use right and property attached to the land registration:
...
2. Documents required for the procedure to convert agricultural land use rights which are not cases of "field consolidation land exchange"; transfer, lease, sublease, inheritance, donation, capital contribution with land use rights, property ownership attached to land; converting land use rights, property ownership attached to the land of either spouse into common property of both husband and wife include:
a) Application for registration of land use right changes according to Form No. 09/DK.
In the case of households or individuals receiving the right to use agricultural land, the total area received must be shown in point 4 Section I of Form No. 09/DK (Reasons for change) as follows: "Received ... (state the form of transfer of land use rights) ... m2 of land (state the area of land received for transfer); the total area of agricultural land currently used due to receiving transfer and registered for transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to now is ... m2 (specify the area received for transfer according to each type of land, each province or city under central authority)";
b) Contract, document on the transfer, lease, sublease, inheritance, donation of land use rights, property ownership attached to the land; capital contribution with land use rights, property ownership attached to land; converting land use rights, property ownership attached to land of either spouse into common property of both husband and wife according to regulations.
In the case where the heir to the land use rights, property ownership attached to the land is a sole person, a request for registration of inherited land use rights, property ownership attached to the land from the heir must be included;
c) Original issued certificate;
d) Document of approval from the competent state authority for economic organizations receiving transfer, capital contribution, or lease of agricultural land use rights to implement investment projects;
e) Document from the land user agreeing for the owner of the property attached to the land to transfer, donate, lease, or contribute capital with the property attached to the land in cases where the owner of the property attached to the land is not simultaneously the land user.
Thus, the documents required to convert land use rights and property ownership attached to the land of either spouse into common property of both include:
- Application for registration of changes in land use rights, property attached to the land;
In the case of receiving the transfer of agricultural land use rights, the total area received must be noted at point 4 Section I of Form No. 09/DK (Reasons for change) as follows:
"Received ... (state the form of transfer of land use rights) ... m2 of land (state the area of land received for transfer); the total area of agricultural land currently used due to receiving transfer and registered for transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to now is ... m2 (specify the area received for transfer according to each type of land, each province or city under central authority)";
- Contract, document on the conversion of land use rights, property ownership attached to the land of either spouse into common property of both;
- Original issued certificate;
- Document from the land user agreeing for the owner of the property attached to the land to transfer property attached to the land in cases where the owner of the property attached to the land is not simultaneously the land user.
Documents required to convert private land use rights to joint ownership between husband and wife (Image from the Internet)
What are the regulations on common property between husband and wife under the Law on Marriage and Family?
Based on the provisions of Article 33 of the Law on Marriage and Family 2014:
Common property of husband and wife
1. The common property of husband and wife includes property created by either spouse, income from labor, production, business activities, yields, profits arising from separate property and other lawful income during the marriage period, except as prescribed in Clause 1, Article 40 of this Law; property inherited by both, properties gifted to both, and other property that husband and wife agree to be common property.
The land use rights acquired by husband and wife after marriage are common property of husband and wife, except in cases where either spouse inherits separately, is given separately, or acquires through transactions by separate property.
2. Common property of husband and wife is under joint ownership and is used to ensure family needs and fulfill common obligations of husband and wife.
3. In case there is no evidence that the property in dispute between husband and wife is separate property of either spouse, such property is considered common property.
Thus, the common property of husband and wife is administered according to the above regulations. The common property is under joint ownership and is used to ensure the family needs and fulfill common obligations of husband and wife.
What are the common obligations of husband and wife regarding property?
Based on the provisions of Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common obligations regarding property:
- Obligations arising from transactions mutually agreed upon by husband and wife, obligations to compensate for damages for which both have legal responsibilities;- Obligations performed by either spouse to meet the essential needs of the family;- Obligations arising from the possession, use, and disposition of common property;- Obligations arising from the use of separate property to maintain, develop the common property or to create the primary income source for the family;- Obligations to compensate for damages caused by children for which, according to the Civil Code 2015, parents must compensate;- Other obligations as prescribed by related laws.
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