Husband Holding the Land Use Title: What Rights Does the Wife Have?
Translation:
Does the wife have any rights if the husband is the name holder on the land-use rights certificate (red book)? Can a red book, being the husband’s private property, be included in the joint assets of the couple?My husband and I have been married for 02 years. After saving up for some time, we were able to buy a house. Due to my busy work schedule, all the documents, including the house purchase contract and the red book, are in my husband's name. If we have a dispute later on and I am not listed on the red book, do I have any rights to this property? I seek advisory support. Also, I would like to ask whether, in the case that my parents give me land as a gift, can the red book, being my private property, be included in the joint assets of the couple?Does the wife have any rights if the husband is listed on the land use right certificate?
CCPL: Civil Code 2015; Law on Marriage and Family 2014
Article 33 of the Law on Marriage and Family 2014 provides for the common property of spouses as follows:
- The common property of spouses includes property created by either spouse, income derived from labor, production, business activities, fruits, and earnings arising from separate properties, and other legal incomes during the marriage period, except as provided in Clause 1, Article 40 of this Law; property inherited together by both husband and wife, or given as gifts to both, and other properties agreed upon by the spouses as common property.
The land use rights acquired by spouses after marriage are considered common property of the spouses, except when one spouse inherits it separately, is gifted it separately, or acquires it through transactions using separate property.
- The common property of spouses belongs to joint ownership and is used to ensure the needs of the family and fulfill the common obligations of the spouses.
- In case there is no basis to prove that a disputed property is the separate property of either spouse, it shall be considered common property.
=> Thus, any property bought during the marriage period is considered common property of the spouses, except when one spouse inherits it separately, is gifted it separately, or acquires it through transactions using separate property.
Additionally, Clause 1, Article 34 of the Law on Marriage and Family 2014 provides for the registration of ownership and usage rights for common properties:
In the case of properties under joint ownership of the spouses which are required by law to register ownership rights, the ownership certificate shall list both spouses' names unless otherwise agreed upon by the spouses.
=> When registering land use rights formed during marriage, the competent State agency will list both spouses on the land use rights certificate. However, not in all cases, the certificate will list both names, depending on the agreement between the spouses.
==> From the above analysis, if you and your husband buy a house during the marriage but only your husband is listed on the document, you still have rights to that property because it was formed during the marriage. If there is a dispute and your husband cannot prove the property is his separate property, the house will still be under joint ownership of both spouses.
Therefore, according to Article 217 and Article 218 of the Civil Code 2015, the spouses have equal rights and must consult each other in the possession, use, and disposition of common property. Therefore, you have decision-making rights regarding the use and disposition of the house.
You can refer to the following:
When is a land use rights certificate during the marriage period considered separate property?
Guidance on identifying separate property of spouses during the marriage period
Can the husband's separate property be included in the couple's common property?
According to Article 46 of the Law on Marriage and Family 2014, it is stipulated as follows:
Including separate property of the husband or wife into the common property
The inclusion of separate property of the husband or wife into the common property is carried out based on the agreement of the spouses.
Once property has been included in the common property, transactions related to that property must adhere to the prescribed legal forms.
Thus, the husband is fully entitled to include the property he received as a gift into the common property.
Sincerely!
