When divorcing, the most controversial issue is property. There are a lot of questions raised around this issue, but the most mentioned question is: “Is it possible to divide the house without being listed in the red book when divorcing?”. Here, APRA Law Firm has some legal opinions on this issue as follows:
In order to protect the legitimate interests of the parties, in case the property acquired by the spouse during the marriage period is required to be registered for ownership, but in the Ownership Certificate, only write the name of husband or wife, it is the common property of them if there is no dispute.
Clause 3, Article 33 of the 2014 Law on Marriage and Family stipulates: “When exists no ground to prove that property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.”
Accordingly, if a dispute occurs, the person named in the ownership certificate must prove it. In cases where the disputed property cannot be proved that it is his/her separate property, such property shall be regarded as common property.
Thus, the person named in the red book wants to be recognized by law as his/her separate property, he/she is required to prove it. If it cannot be proved, that property is the common property of husband and wife.
According to Article 59 of this Law, upon a divorce, common property shall be divided into two, taking into account the following factors: circumstances of the family, husband, and wife; each spouse’s contributions to the creation, maintenance, and development of the common property, etc. A spouse who requests division of separate property that has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.
Therefore, even if not being named in the red book, the property will still be divided upon divorce, if it is common property.
This is the article advising on “Is it possible to divide the house without being listed in the Red book when divorcing?” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
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