Answer:
Lawyer Tran Xuan Tien, Head of Team Law Office, said: Because you have not clearly stated that this land use right certificate existed first. or during marriage, so we would like to advise in two cases:
Land use rights were established before marriage
This means that the right to use this land belongs to your husband. Therefore, if your husband passes away without leaving a will, the land will be divided according to the law, that is, divided among the people in the first line of inheritance, including: wife, husband, biological father, biological mother, and father. adoptive mother, biological children, and adopted children of the deceased (pursuant to Point a, Clause 1, Article 651 of the 2015 Civil Code). Here it is divided between you, your children and your husband’s parents.
Land use rights formed during the marriage
Clause 1, Article 33 of the 2014 Law on Marriage and Family stipulates:
1. Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, profits, income arising from separate property and other legal income during the marriage period, except for the cases specified in Clause 1, Article 40. of this Law; Property that husband and wife jointly inherit or are given as gifts and other property that husband and wife agree on are common property.
Land use rights that husband and wife acquire after marriage are property. common property of husband and wife, except in cases where the husband or wife has a separate inheritance, a separate gift or a separate property transaction….
Thus, in the case of land use rights formed during the marriage period, (not in the case of a separate gift or inheritance or acquired through a transaction with separate property), the land use rights are common property of husband and wife.
When your husband passes away If you do not leave a will, half of the value of the land will belong to you and the other half will be divided into inheritance according to the law, that is, divided between your children and your husband’s parents.
Accordingly, when one of you Whether it is joint or separate property, the remaining person has the right to inherit from the inheritance left by the deceased. And with the inheritance being land use rights, when receiving the inheritance, you can transfer the name to the red book for yourself to easily use and manage that land use right as well as ensure future benefits.
So in both cases you must declare your husband’s inheritance.< /p>
You will need to carry out the following procedures:
Complete death declaration procedures at the commune (ward, town) justice agency;
Declare the estate Inheritance: you can contact the notary office in the province or city where the property is located to carry out procedures for declaring inheritance; After that, the inheritance declaration document will be publicly posted at the ward People’s Committee within 15 working days.
Organize a family meeting with the condition that all members eligible to inherit must Sign the Family Meeting Minutes and agree to let your name be the owner in the red book. Then you bring the red book, power of attorney, copy of death certificate, family meeting minutes, copy of household registration book and ID card/CCCD to the People’s Committee of the commune (ward, town) or land registration office to carry out procedures to transfer the name in the Certificate. land use rights.
After completing the declaration of inheritance and transferring names on the Certificate of Land Use Rights, you will have land use rights recognized for the land. plot. At this point, you can transfer land use rights to others as usual.
Documents and procedures to transfer the name of the red book when transferring a Certificate of Land Use Rights to another person
p>
Step 1. Notarize the transfer contract
* Documents that need to be prepared
Pursuant to Article 40 and Article 41 of the Notary Law 2020, the parties need to prepare have the following documents:
Seller: Certificate (Red Book) identification documents: ID card/CCCD/Passport household registration book.
Buyer: Personal documents body: ID card/CCCD/Passport, household registration book, documents proving marital relationship (marriage registration).
The notarization request form is usually prepared by the buyer according to the form of the public practice organization. notarization but can be agreed upon by the parties because according to regulations: Whichever party requests notarization must pay the notary fee (unless the parties have otherwise agreed).
In addition to the above two documents The party can prepare the contract in advance. However, a notary organization will often be required to draft it.
* The notary notarizes the contract and pays the notary fee
Step 2. Declare financial obligations< /p>
In case of exemption from personal income tax and registration fee, you must also submit a tax declaration and fee.
* People who are obliged to declare and pay personal income tax and registration fee
p>
The seller pays personal income tax
The buyer pays registration fees and document appraisal fees
However, the parties can completely agree about the submitter.
Step 3: Submit application for registration of land use rights and house ownership
* Submit application
Document includes:
In case of transfer where the parties agree that the buyer will pay taxes on behalf of the seller, submit the tax and fee declaration documents along with the land use rights registration documents, including the following documents:< /p>
+ Change registration application according to the form.
+ Notarized or authenticated land use rights transfer contract;
+ Original Certificate received.
+ Personal income tax declaration.
+ Documents used as a basis for determining tax exemption (if any).</p >
+ Original registration fee declaration.
+ Documents proving eligibility for registration fee exemption (if any).
Where to submit the application:
+ Land registration office, branch, district, town, city in the province where the land is located.
+ Individual households submit to the People’s Committee of the commune where the land is located (commune, ward, town) if there is a need.
After receiving the dossier, the land registration office at the district level will send information to the tax authority to determine financial obligations.
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