Many parents want to leave a house to their child but fear the child — still young — will sell it early and squander a lifetime of savings. Is there a legal way to “lock” the house against sale? This article analyzes the options under the Civil Code 2015 and the Notarization Law 2024 — from the strongest restriction to indirect approaches — and the limits of each.
The short answer
There are ways to restrict an early sale, but no way to impose an absolute, permanent “no-sale” order on property that has become the child’s lawful ownership. The strongest option with clear legal grounding is a will dedicating the house to worship purposes (Article 645, Civil Code 2015): that portion of the estate is not divided as inheritance; the manager may only manage it for worship and has no right to sell.
Option 1 — Will dedicating the house to worship (strongest restriction)
Article 645, Civil Code 2015 provides:
- A testator leaving part of the estate for worship purposes: that portion is not divided as inheritance and is handed to the person designated in the will to manage for worship.
- The manager holds only an estate manager’s rights under Article 618 (representation, remuneration, preservation expenses) — no right to dispose of (sell) the house.
- If the manager fails to follow the will, the heirs may assign management to someone else. If no manager is designated → the heirs appoint one.
Limits of this option:
- Only suitable where the family genuinely needs worship arrangements.
- If the entire estate is insufficient to pay the deceased’s property obligations, no portion may be reserved for worship (Article 645.2).
- The testator may amend, supplement, replace, or revoke the will at any time while alive (including a notarized will).
Option 2 — Ordinary will: cannot prevent a sale
With an ordinary will, once the child receives the estate, they hold full ownership rights: possession, use, and disposition (Article 192, Civil Code 2015) → a later sale cannot be prevented after title transfer. Designating an estate manager (Article 626) matters only during the estate-management phase, not as a permanent sale ban.
Option 3 — Lifetime gift: no reliable “conditional gift barring sale”
Article 463, Civil Code 2015 allows conditional gifts: the donor may require the donee to perform obligations before or after the gift; conditions must not violate legal prohibitions or social ethics. However, once gifted and titled, the child is the lawful owner with full disposition rights — current law has no reliable “house gift with a no-sale condition” mechanism. Writing a “no sale for X years” condition into a will (outside the worship case of Article 645) or a gift contract remains debated in practice — it may be seen as infringing the owner’s disposition right. Do not assume “writing a no-sale clause makes it certain” — for special needs, consult a lawyer.
Option 4 — Keep title for now, combine will with a family agreement
- The house stays in the parents’ name until death; the estate is divided under the will or a notarized estate division document.
- Combine with a written family agreement on managing and using the house — binding on the participating parties as a civil agreement, but not opposable to a good-faith third party and not an absolute disposition ban.
New notarization procedure from 01/7/2025: “estate division document”
- From 01/7/2025, the Notarization Law 46/2024/QH15 (Article 59) merged “estate acknowledgement documents” and “estate division agreements” into a single instrument: the “estate division document” — including where there is only one heir (Article 59.5).
- The notarized document is the basis for registering the transfer of ownership (Article 59.6).
- Note: from 01/7/2025 there is no separate “estate acknowledgement” procedure; Notarization Law 53/2014/QH13 has expired — “Article 58 of the 2014 Notarization Law” can no longer be cited as current law.
- Public posting of the estate division application: 15 days at the commune-level People’s Committee (per Decree 104/2025/ND-CP — verify against the original text).
Key timelines
- A will takes effect from the opening of the inheritance (the time the property owner dies — Article 611, Civil Code).
- Limitation period for requesting division of a real-estate estate: 30 years (Article 623, Civil Code).
- Will/gift conditions must not violate legal prohibitions or social ethics (Article 117, Civil Code).
Applicable legal framework (as of 14/10/2026)
| Instrument | Number | Effective | Status |
|---|---|---|---|
| Civil Code | 91/2015/QH13 | 01/01/2017 | In force |
| Notarization Law | 46/2024/QH15 (replacing Law 53/2014/QH13) | 01/7/2025 | In force |
| Decree on posting notarized estate divisions | 104/2025/ND-CP | — | Verify against original text |
Practical recommendations
- If the family genuinely needs worship arrangements: make a notarized will designating the house as worship estate and naming a manager — the clearest legal basis to prevent sale.
- Do not write a “no sale for X years” clause into a will or gift contract and assume it is certainly enforceable — this remains legally debated.
- Since 01/7/2025, all estate divisions follow Article 59 of the 2024 Notarization Law under the name “estate division document.”
- For special needs (time-limited disposition restrictions), consult a lawyer to design a suitable structure rather than imposing a ban clause yourself.
FAQ
Can parents permanently ban their child from selling the house? No. Apart from the worship-estate mechanism (Article 645, Civil Code), the law does not allow a permanent disposition ban on property lawfully owned by the child.
Is a “no sale for 10 years” clause in a will enforceable? This remains debated in practice — the Civil Code does not directly regulate time-limited disposition restrictions. Do not treat it as certainly enforceable; consult a lawyer.
Can a house gift include a “no sale” condition? Current law has no reliable “house gift with a no-sale condition” mechanism. After title transfer, the child holds full ownership disposition rights.
What is the current procedure for receiving a real-estate estate called? From 01/7/2025, under Article 59 of Notarization Law 46/2024/QH15, there is only one instrument — the “estate division document” (even with a single heir) — no separate “estate acknowledgement” procedure.
Sources
- Civil Code 91/2015/QH13, effective 01/01/2017: Arts. 117, 192, 463, 611, 618, 623, 624–643, 626, 630, 645.
- Notarization Law 46/2024/QH15, effective 01/7/2025 (replacing Law 53/2014/QH13): Art. 59.
- Decree 104/2025/ND-CP on posting notarized estate divisions.
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This article provides general legal information and does not replace legal advice for any specific case. Content has been QA-reviewed by the AI Legal Council; it was not reviewed by a human lawyer.