What to do when the red book only has the name of the wife or husband?

My husband and I bought a house. However, my name is not on the title deed, only my husband's. I am worried, will I lose my rights? Can my husband sell the house without my consent? What should I do if I want to have my name on the title deed with my husband?

Reader Trang Thanh asked Thanh Nien .

Consultant

Representative of Notary Office Nguyen Thi Diem Phuong advises that, based on Clause 1, Article 33 of the Law on Marriage and Family, the common property of husband and wife includes:

Property created by the husband and wife, income from labor, production and business activities, profits and profits arising from separate property and other legal income during the marriage, except for the cases specified in Clause 1, Article 40 of this Law; property that the husband and wife jointly inherit or are jointly given, and other property that the husband and wife agree is common property.

Làm gì khi sổ đỏ chỉ ghi tên vợ hoặc chồng? - Ảnh 1. — If people want to have the full names of husband and wife on the red book, they can request a new book.

Therefore, based on the above regulations, the house you mentioned is the joint property of you and your spouse.

Regarding common property: "Husband and wife are equal in rights and obligations in creating, possessing, using and disposing of common property" (Clause 1, Article 29 of the Law on Marriage and Family). Therefore, your possession, use and disposal of real estate will not be affected, even if the certificate of ownership does not bear your name.

Even if you are not the joint owner of the land use right certificate with your husband, when making a transaction, your husband still has to ask for your opinion and cannot make the decision on his own.

Article 12, Decree 126/2014/ND-CP stipulates: "For common property of spouses that has been registered and registered in the name of one spouse, the spouses have the right to request the competent authority to issue a new certificate of ownership and land use rights to register the names of both spouses".

Therefore, if you want to have your name on the certificate with your husband, you can go to the district People's Committee to request a new certificate.

Source link