| Summary: | The study aims to determine the right to transfer the settlement of disputes
which is jointly owned by husband and wife as well as find out who is responsible
for the payment in the event of divorce and BPHTB or death of one of them.
This study uses empirical juridical approach. Data used in this study is the
primary data and secondary data. Data were collected through field research by
questionnaire and interview techniques and library research techniques of
documentary studies. The subject of this study was divided, the respondents and
interviewees. Respondents consisted of 50 (fifty) pairs of husband and wife who
have a certificate of land and a couple who have a certificate of land rights which
include the two names. Interviewees consisted of 8 (eight) PPAT, Chief of the
Land Office and the Head of Yogyakarta City Revenue and Financial
Management city of Yogyakarta. This study uses non-probability sampling, the
sampling technique using a purposive sampling method. The data obtained were
analyzed by qualitative descriptive.
The results showed that the transfer of land owned jointly as husband and
wife divorce and about to be transferred to another person with consent. For land
rights jointly owned by husband and wife who certificate put two names on one
about to be transferred between them, turn right to the land by applying to the
Court along with the application for divorce or to make a Deed of Joint Rights
Division. When death occurs the transition of land owned jointly by husband and
wife is to create an Inheritance Act Statement filed subsequent to the Land Office.
BPHTB borne by the party receiving the transfer of land rights.
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