1. Procedures for transferring real estate to children's names when parents divorce:

According to current law, there are no legal regulations stipulating that when parents divorce, they need to divide their assets to their children. Divorce depends entirely on the parents' decision and agreement. Therefore, if a daughter wants to have her parents' property when her parents divorce, the parents need to reach a mutual agreement on dividing that property to their child. If during the divorce process, the couple has reached an agreement and wants to transfer the property to their child, then it is necessary to carry out procedures for gifting the property. The stages that need to be performed are as follows:

Step 1: The couple jointly makes a contract to donate real estate to their child. That contract must be notarized at a notary practice organization or authenticated at a competent People's Committee.

Step 2: After completing the contract to donate the property, the couple will proceed with the procedure to transfer the property to their child. Procedures for transferring real estate to children when parents divorce will be carried out according to the provisions of Article 79 of Decree No. 43/2014/ND-CP of the Government detailing the implementation of a number of articles of the Land Law. . Accordingly, the two parents will prepare a complete and valid set of documents to carry out the real estate transfer activity for the divorced parents' children. The paperwork will include the following documents:

– Registration fee declaration according to the form prescribed by law;

– Personal income tax declaration, however in this case personal income tax is exempt;

– Contract to donate real estate to children, notarized according to the provisions of law;

– Certificate of land use rights and assets attached to land;

– Identification documents of both husband and wife.

Step 3: Carry out procedures for paying taxes on real estate title transfer according to the provisions of law within 10 days into the state budget. The land registration office will be responsible for checking the documents and resolving them according to the provisions of law. If the application is deemed to meet the conditions, the land registration office will send cadastral information to the tax authority, determine and notify the collection of financial obligations for cases where financial obligations must be fulfilled. according to the provisions of law, confirm the content of changes in the issued land use rights certificate according to regulations of the Ministry of Natural Resources and Environment, revise and update changes and cadastral and basic records land data.

Step 4: Give the land use right certificate to the applicant.

2. In what cases can children receive property when their parents divorce?

According to the analysis above, the current law does not have specific regulations on dividing property between children when parents divorce. However, in reality, children can still receive property when their parents divorce if they fall into one of the following cases:

The first, children will enjoy property when their parents divorce if the parents agree to leave the property to their children. It can be said that marital property is considered a block of property jointly owned by the couple during the marriage period, including no children's share. Therefore, when carrying out divorce procedures at a competent state agency and the husband and wife cannot agree on the division, the court will divide the division between the couple based on the actual situation and the ability to contribute. in accordance with the provisions of law. However, based on the provisions of Article 59 of the Family Law 2014, the principle of resolving the property of husband and wife during the divorce process always requires the parties' agreement, if the parties do not have an agreement. If there is agreement or no agreement, at the request of the spouse or both spouses, the competent state agency, the court, will resolve the matter according to the provisions of law. Thus, it can be said that, in case of divorce, the parents have an agreement to donate or transfer part or all of their assets to their children, the children will still be able to receive the assets. that from the parents. The donation of property must comply with the provisions of law on donation contracts based on the 2015 Civil Code. Specifically as follows:

– In the case of donating movable property, the movable property donation contract will take effect from the time the donated party actually receives the property, unless the parties have otherwise agreed, in the case of movable property. If the law requires registration of ownership rights, the donation contract will take effect from the time of registration at a competent state agency;

– In the case of a donation of real estate, the donation of real estate must be made in writing and notarized at a notary or authentication organization at a competent state agency, or must be registered. According to the law, all real estate must have its ownership registered according to regulations. A real estate donation contract will take effect from the time of registration according to the provisions of law. If the real estate does not have to undergo ownership registration procedures, the real estate donation contract will take effect from the actual transfer of assets.

Monday, Children will receive property when their parents divorce if they are determined to be co-owners of the property with their parents. Children have the right to use land in the household, establishing rights to common assets of the household. When the couple divorces and proceeds with procedures to divide common assets, including household assets, the children will also be divided into assets corresponding to the child's rights in that asset. Or, when buying, selling, receiving transfers, receiving gifts, or joint inheritance, that is, when children and parents jointly buy, receive gifts, and inherit common assets, the children will also give birth to the same rights and obligations as parents regarding that asset. Therefore, when parents divorce, their children will still be able to divide that property.

3. Rules on property for children after parents have divorced:

After parents divorce according to an effective decision or judgment of a competent state agency, children can still receive property from their parents in the following cases:

– After dividing the common property of husband and wife, parents have donated part or all of their property to their children;

– When the parents die, the child will be in the first line of inheritance according to the provisions of Article 651 of the 2015 Civil Code and will enjoy the inheritance left by the parents. At this time, the property will be Divided after divorce is also determined as one of the inheritance parts left by the parents.

Thus, it can be said that, from the provisions of the law mentioned above, the division of common property of husband and wife upon divorce is only the property of the couple and does not involve the children. Whether or not to divide assets to children during a divorce depends on the parents' decision (except in cases where the child is determined to be a co-owner of the parents' assets, then they will still receive part of the property that you own in the common property). Therefore, to divide property between children upon divorce, parents need to agree on the division of their property to their children according to the above procedures.

Legal documents used in the article:

– Civil Code 2015;

– Land Law 2013;

– Law on Marriage and Family 2014;

– Decree No. 43/2014/ND-CP of the Government detailing the implementation of a number of articles of the Land Law.