COMMON PROPERTY OF SPOUSES DURING THE MARRIAGE PERIOD

Question: Dear Lawyer, my family has a plot of land and a house that my parents bought in 1990 in Cu Chi, Ho Chi Minh City. The land papers were named by my father. Recently, my father signed a contract to donate the land and the house to his stepson and this issue no one agreed. So what does my family need to do? Thanks!
Answer: Good morning! For your questions, Gattaca has the following advice.
            According to the information you provide, the land and the house are property arising during the marriage period and are not in the case of being private property, so this is the common property of your father and mother. Legal grounds specified in Article 33 of the Marriage and Family Law 2014: "The land use rights obtained by spouses after marriage are common property of spouses, except for cases of private inheritance, donated separately or obtained through transactions by private property".
            Land use rights and properties attached to land (houses) jointly owned above are all properties that must be registered ownership and use rights "must be named after both spouses, unless the spouses have other agreements" (Clause 1, Article 34 of the Marriage and Family Law 2014).  Where, the Certificate of land use rights, ownership of houses and other properties attached to the land is only in your third name, transactions related to this property must be agreed upon in writing by your father and mother.
             “Article 35. Possession, use and disposition of common property
2. The disposition of the following common property shall be agreed in writing by husband and wife:
a/ Real estate;
b/ Movable assets which are required by law to be registered for ownership”.
            Thus, before donating to the right to use land and the house must have an agreement on the donation made in writing between your father and mother. At the same time, the written donation to land use rights must be notarized and certified as prescribed in Point a, d Clause 3 Article 167 of the Land Law 2013:
“Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause”.
            Therefore, in case the property is formed during the marriage period even in your father's name, the donation document must still be signed by your mother to notarized. If the donation is not notarized, when disagreeing with the decision to give, your mother has the right to ask the Court to cancel the illegal donation.
For detailed advice and timely support on transfer procedures and documents, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn