I bought an apartment in 2021 and paid 95% with my own money. I got married in May 2022. Then the investor announced that I would make a certificate. If I want to have the house in my name alone, do I need to confirm that I am single?
Illustration: NGOC THANH
In 2020, I signed a contract to buy an apartment project. In 2021, I received the apartment and paid 95% in personal money. In May 2022, I got married and registered my marriage.
In November 2023, the project owner announced that he would be filing for a certificate of apartment ownership and required me to have a notarized certificate confirming my personal property if I wanted to have my name on it alone.
In the above case, if I want to have my name on the ownership certificate alone, do I need to have the above confirmation paper?
Reply:Your case is a connection between two stages:
One is the period before May 2022, you are single and you have paid 95% of the apartment value with personal money.
Second, after May 2022, you get married and pay 5% of the apartment value with the couple's common property, the time to proceed with the apartment certificate issuance procedure (November 2023).
Clause 1, Article 33 of the 2014 Law on Marriage and Family stipulates: "The land use rights that the husband and wife acquire after marriage are the common property of the husband and wife, except in cases where the husband or wife inherits separately, is given separately, or acquires through transactions using separate property."
Your wife knows about this, so if you want to have your name on the certificate alone, you need to have your wife's written agreement at the notary office to confirm that this is your separate property.
When submitting this separate property agreement, the investor must submit it with the application for an apartment certificate in your name.
According to Tuoi Tre