How is common property of spouses registered?

Decree 126/2014/ND-CP provides guidance on the registration of common property of husband and wife as follows:

1. Joint property of husband and wife must be registered according to the provisions of Article 34 of the Law on Marriage and Family, including land use rights and other properties for which the law requires the registration of use rights and ownership rights.

2. For joint property of husband and wife that has been registered and recorded in the name of either the husband or wife, the spouse has the right to request the competent authority to re-issue the certificate of ownership and land use rights to record both husband and wife’s names.

3. In the case where joint property is divided during the marriage period and the certificate of ownership and land use rights records both husband and wife’s names, the party receiving the divided property in kind has the right to request the property registration authority to re-issue the certificate of ownership and land use rights based on the written agreement of the spouses or a court decision on the division of joint property.

How is the joint property of husband and wife registered? (Illustration)

Additionally, the possession, use, and disposition of joint property are agreed upon by the spouses. In the event that either the husband or wife establishes and performs transactions related to joint property to meet the family's essential needs, it is considered that the other party has consented, except in cases specified in Clause 2, Article 35 of the Law on Marriage and Family.

Simultaneously, in the event that either the husband or wife disposes of the joint property in violation of Clause 2, Article 35 of the Law on Marriage and Family, the other party has the right to request the court to declare the transaction void and resolve the legal consequences of the void transaction.

In addition, the Decree clearly states the consequences of the division of joint property of husband and wife during the marriage period, including the following consequences:

- The division of joint property of husband and wife during the marriage period does not terminate the marital property policies as prescribed by law.

- From the time the division of joint property of husband and wife takes effect, if there is no other agreement, the divided property; proceeds and profits derived from that property; proceeds and profits derived from other private property of the husband or wife are the private property of the husband or wife.

- From the time the division of joint property of husband and wife takes effect, if the acquired property from exploiting the private property of the husband or wife cannot be identified as income from labor, production, and business activities of the husband or wife or proceeds and profits derived from that private property, it is considered the common property of the husband and wife.

For more details, see Decree 126/2014/ND-CP, effective from February 15, 2015.

Le Hai

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