What should be considered when transferring real estate into joint marital property?

Transferring Real Estate in Phu Quoc from Individual Property to Joint Marital Property: Procedures and Important Notes

The transfer of real estate in Phu Quoc from being the separate property of either the wife or husband into joint marital property is carried out by agreement and the procedure is practically not too complicated. If people understand the following regulations, they can carry out the process by themselves.

Registration of changes is required when transferring real estate to joint marital property

The incorporation of one spouse’s separate property into joint property is based on mutual agreement but must follow the prescribed legal procedures.

According to Point h, Clause 4, Article 95 of the 2013 Land Law, in cases where real estate owned separately by one spouse is transferred to become joint marital property, it is mandatory to register the change with the competent state authority.

Clause 6, Article 95 of the same law also states that spouses are obliged to register the change with the land registration authority within 30 days from the effective date of the agreement transferring the separate property to joint property.

Documents required for transferring separate property into joint property

• Land change registration application form, using Form No. 09/ĐK
• Written agreement transferring the house/land from individual ownership of one spouse to joint ownership of both
• The original Land Use Rights Certificate (Land Title)

Where to submit the application

Submit the application at the commune, ward, or township where the property is located if desired.

If the locality has a one-stop service center, submit the application there. Otherwise, submit directly to the district-level branch of the land registration office. If the branch office has not been established, submit directly to the district-level Land Use Rights Registration Office.

Procedure

Step 1: Submit the application

• Option 1: Submit at the commune, ward, or township where the property is located if desired.
• Option 2: If not submitting at the local commune/ward:
  • If there is a one-stop service center, submit there.
  • If not, submit directly to the district-level land registration branch or office.

Step 2: Receive the application

Step 3: Process the application

Step 4: Return the results

Processing time

No more than 5 working days from the date of receiving a valid application; up to 15 days for remote, border, island, or socioeconomically difficult communes.

Taxes and fees payable

Based on the Personal Income Tax Law and guiding documents, Decree 140/2016/ND-CP, and Official Letter 2559/TCT-DNNCN:

• Personal Income Tax: Transferring separate property (house, land) into joint marital property is not considered a transfer or gift of real estate and does not generate income; therefore, it is not subject to personal income tax declaration or payment.

  Note: If the transfer is done in the form of transfer of ownership or gift, it will be exempt from personal income tax but must be declared.

• Registration Fee: Transferring house/land from separate ownership to joint ownership is subject to registration fee payment (not exempted).

The above summarizes the regulations on documents, procedures, taxes, and fees for transferring real estate into joint marital property. If readers have questions, they can call the hotline at 090.2266.769 for assistance.