Question: During our marriage, my wife and I wish to establish an agreement to divide our marital property to facilitate more efficient management and use. I would like to ask whether, under the law, this agreement is required to be notarized.
Answer:
1. Notarization Regulations for Agreements on the Division of Marital Property During Marriage
Based on the information you provided, you and your spouse wish to establish an agreement to divide your marital property. First, both parties must clearly identify the list of marital assets subject to division. According to legal provisions, assets include objects, money, valuable papers, property rights, and real estate (Article 105 of the 2015 Civil Code).
During the marriage, you and your spouse have the right to agree on the division of part or all of the marital property. However, this agreement must be made in writing, and the document must be notarized upon request by the spouses or as required by law (Clauses 1 and 2, Article 38 of the 2014 Law on Marriage and Family).
Regarding real estate, Clause 3, Article 27 of the 2024 Land Law does not mandate notarization for agreements on the division of marital property related to real estate. Therefore, under current regulations, notarization is not required unless there are specific provisions for certain types of property.
However, in practice, for real estate assets, it is advisable for spouses to notarize their agreement on the division of marital property during the marriage to mitigate legal risks. Specifically:
- A notarized document has high legal validity, protecting the rights of both parties in case of disputes.
- A notarized document facilitates the process of registering changes in land use rights and housing ownership.
- A notarized document eliminates the risk of one party later claiming invalidity or refusing to acknowledge the agreement.
2. Conclusion
According to current legal regulations, notarization of an agreement on the division of marital property during marriage is not mandatory, except in cases where specific laws require it for certain assets. However, to ensure legal validity, minimize disputes, and facilitate future transactions, spouses should consider notarizing the agreement at a competent notarial practice organization
For reference: https://sblaw.vn/practice/marriage-and-family/
