For some reason, a co-owner who does not want to own his or her share of the common property can write a written refusal to accept the common property or refuse the common property of the spouses. The legal consequences of refusing to receive common property, refusing to receive common property of husband and wife, is that the person who refuses no longer has the right to own, use and dispose of such property.
1. Sample letter of refusal to receive common property:
Download Sample of refusal to receive common property
SOCIALIST REPUBLIC OF VIETNAM
…day month Year…
DOCUMENTATION OF DECLARATION OF GENERAL PROPERTY
Today, at the notary office:…
My name is:….
Date of birth:….
Identity card number/citizen identification number: ….issued date:…
Permanent place of registration:…
My family has four people including: father, mother, me and younger brother. We are co-owners of the land at… have been granted land use right certificate number…issued on…. month… year… at the District People’s Committee…
Now, for personal reasons, I voluntarily refuse to receive my share of the family’s common property, which is the above land. Thus, the above land will be the common property of my father, mother and brother after this record is notarized from the date of…. month…. …… I commit not to dispute or complain in the future and take full responsibility before the law for refusing to receive my common property.
I hereby certify that the information that I present in this application is completely true and that my refusal to receive the property is not intended to evade the obligations that I have to perform in accordance with the law.
Person who refuses to receive property
(Sign, write full name)
see more: Land property after the death of the husband, does the wife need the consent of the children?
2. Sample letter of refusal of common property of husband and wife:
Download Sample letter of refusal to receive joint property of husband and wife
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
DOCUMENTATION OF DISCLAIMER OF THE WORLD’S COMMON PROPERTY
Today, day, … month … year …, at notary office: …
We include the following parties:
Date of birth:…
Identity card/citizen identification number:…issued date:..
And Wife is Mrs:…
Date of birth:…
Identity card/citizen identification number:…issued date:…
My wife and I were given the house number… street… ward… province by the parents-in-law, Mr./Mrs.
Currently, the donation contract has been completed, but the transfer has not been carried out at the competent authority. Now, I am writing this record to confirm that I voluntarily refuse the part of the property I received from the donation contract of my parents-in-law, which has been transferred to the couple. This is my wife’s separate property during our marriage. Totally agree that my wife is in the name of the house given to me by my parents. I pledge not to complain, dispute and take full responsibility before the law for refusing to receive the property in the common property of my husband and I.
I hereby certify that the information I have given is true and that my refusal to receive the joint property of husband and wife is not to shirk my obligations as prescribed by law.
Person who refuses to receive property
(Sign, write full name)
– Notes when making a written refusal to receive common property
– Specify the information of the person who refuses to receive the property;
– Re-confirm that the property is the common property of the person who has the right to refuse to receive it with other co-owners. Evidence can be given such as land use right certificates, donation contracts, etc.
– Identification of co-owners of the common property;
– If the couple refuses to receive the common property of the husband and wife, it is necessary to prove the marriage relationship of the two.
– It is necessary to bring the written refusal to receive the common property, the written refusal to receive the common property of the husband and wife to be notarized or authenticated.
see more: How to divide the common property of husband and wife when one party dies?
3. Registering common property of husband and wife:
Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during a period of time. marriage, except for the case specified in Clause 1, Article 40 of the Law on Marriage and Family, property that husband and wife inherit jointly or are given as a gift and other property agreed upon by husband and wife is common property.
The land use right acquired by husband and wife after marriage is the common property of husband and wife, except where the spouses are separately inherited, given separately or acquired through transactions with separate property.
Pursuant to Article 12 of Decree 126/2014/ND-CP stipulating the registration of common property of husband and wife, according to which:
Common property of husband and wife that must be registered as prescribed in Article 34 of the Law on Marriage and Family includes land use rights and other properties that are required by law to have use rights and ownership rights registered. For properties subject to registration, husband and wife agree to register the right to use.
With regard to the common property of husband and wife which has been registered and written in the name of one spouse, the husband and wife have the right to request the competent authority to change the certificate of ownership and land use right to write the name of the husband and wife. both husband and wife.
For example: Mr. A and his wife have a piece of land but in the past, only Mr. A was in the name of Mr. A. Now, Mr. and Mrs. A want to change it so that both husband and wife are in the same name, Mr. A has the right to request a competent authority to change the certificate. certificate of land use rights.
In case the common property is divided during the marriage period and in the certificate of ownership or the certificate of land use right the names of both husband and wife are listed, the party to whom the property is divided in kind has the right to request the The property registration authority shall re-issue the certificate of ownership or the certificate of land use right on the basis of a written agreement of the husband and wife or a decision of the Court on division of common property.
see more: Ownership of husband and wife with consolidated common property
4. Grounds for proving the common property of husband and wife:
Hi lawyer. My lawyer asked me a question as follows: My wife has a red book with 01 land in my name and my wife’s name, and 02 plots in my wife’s name (these two land plots have been granted land use right certificates in marriage between me and my wife) to get a bank loan to buy some more land, but the new land is only in my wife’s name (my wife hid this from me). I also signed the joint responsibility to pay the bank’s debt in 03 red books that my wife borrowed from the bank. So I want to ask when my wife and I divorce, how will the bank debt and the above land be divided? What documents do I need to prepare related to the above properties so that those assets are recognized as common property between my husband and I (because of the red book my wife holds)?
Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014 stipulating the common property of husband and wife, the fact that your wife’s name alone on the land use right certificate is not understood to be your wife’s private property. 02 plots of land mortgaged at the bank and 01 newly purchased land in your wife’s name acquired during the marriage are considered common property of the couple unless the couple has a contract to agree on common property. separate property during the marriage. Therefore, you only need to prove the time of issuance of the land use right certificate during the marriage of two people.
When a divorce occurs, the debt and land use rights, both existing during the marriage, are equally divided among the two spouses. defined in Clause 2, Article 59 of the Law on Marriage and Family.
see more: Is the lottery winnings a marital property?
5. The right to dispose of common property of husband and wife:
My lawyer asked me: When terminating a loan contract at a mortgage bank with a red book, is it necessary to have both husband and wife’s signature? Or just a spouse’s signature? If 2 signatures of husband and wife are required, what is the responsibility of the bank staff to handle the withdrawal for one party without the signature of the spouse? This question is very interesting and very necessary. I sincerely thank you!
Pursuant to Article 29 of the 2014 Law on Marriage and Family stipulating thatgeneral principles on the property regime of husband and wife.
Thus, according to regulations, husband and wife are equal in terms of rights and obligations in the creation, possession, use and disposition of common property. According to Clause 1, Article 35 of the Law on Marriage and Family 2014, the disposition of common property that is immovable property must be agreed in writing by both husband and wife.
Thus, for a loan contract at a bank, mortgage with a red book, when terminating the contract as agreed, it is necessary to have both husband and wife’s signatures, showing the husband and wife’s agreement to the contract. establish and terminate the transaction.
In case a banker allows one party to withdraw without the signature of the other party (when there is no decision of a competent state agency or written authorization of the other party) it is against the law. with legal provisions; If you cause damage, you must compensate or jointly compensate for the damage to you.
see more: Solving situations about division of common property upon divorce
6. Determination of common property and separate property of husband and wife:
Hello lawyer: My mother was given a piece of land by my grandparents after my father died. I have a will from my grandparents to my mother. However, after the issuance of the LURC, the names of the mother and father (who died). But now, when my mother makes a will to leave her children, the notary office says it is the parents. So let me ask if this is a common property or is it my mother’s private property. Because this land was given to me by my grandparents after my father passed away. Thank you very much and I hope to hear back from you soon. Would like to thank!
Pursuant to Article 612 of the 2015 Civil Code, an estate includes the separate property of the deceased, the part of the deceased’s property in the common property with others.
As a rule, cdemi-humans have the right to make a will to dispose of their property; leave their property to their heirs according to the law; inheritance by will or by law.
According to you, your grandparents are the legal owners of the land, when your grandparents died, your grandparents left a will to decide to leave it to your mother, then your father died.
According to the provisions of Article 33 of the Law on Marriage and Family 2014, tCommon property of husband and wife includes property owned by husband and wife generated, income from labor, production and business activities, yields, income arising from separate property and other lawful income during the marriage period.
Clause 1, Article 43 of the Law on Marriage and Family 2014 provides: Separate property of husband and wife includes property that each person has before marriage; separately inherited property, given separately during the marriage; property to be divided separately between husband and wife according to the provisions of Articles 38, 39 and 40 of the Law on Marriage and Family 2014; property serving the essential needs of the husband and wife and other property which, as prescribed by law, belongs to the husband and wife separately.
According to the information you provided, your mother left a will on this land after your father died. So this is your mother’s separate property, not your parents’ joint property.
When issuing the LURC with the names of your mother and father (dead), the competent authority in the process of granting the red book to your mother has issued the wrong name of the land user because it is based on your mother’s papers. then this is your mother’s private property, so now your mother must correct the information on the land use right certificate to be in your mother’s name. Then your mother can perform transactions related to this land such as transferring, giving, leaving a will, etc.
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