Does the Sale of Inherited Land Require Consent from Both Spouses?
According to the provisions in Clause 1 Article 43 of the 2014 Law on Marriage and Family on separate property as follows:
Separate property of husband and wife includes property that each person had before marriage; property inherited separately, given separately during the marriage period; property divided separately for husband and wife according to the provisions of Articles 38, 39, and 40 of this Law; property serving the essential needs of husband and wife and other property which, according to legal provisions, belongs to the separate ownership of husband and wife.
Therefore, the land use right inherited is your separate property.
Article 44 of the 2014 Law on Marriage and Family regulates the disposal of separate property as follows:
Husband and wife have the right to possess, use, and dispose of their separate property; to combine or not to combine their separate property into the common property.
In case the husband or wife cannot manage his/her own separate property by himself/herself and also does not authorize another person to manage it, the other party has the right to manage that property. The management of the property must ensure the interests of the property owner.
Each person’s separate property obligations are settled from their own separate property.
In case the husband or wife has separate property but the income from that separate property is the sole source of livelihood for the family, the disposal of this property must have the consent of the spouse.
Thus, if it is not the sole source of livelihood for the family, you have the right to transfer the ownership of this piece of land without needing your husband’s consent since this is your separate property.
Sincerely!
