“The certificate is in my name, so I can sell it.” People say this often, and they are often wrong.

If a house or land was acquired during a marriage, Indonesian law treats it as harta bersama (marital property), whoever is named on the certificate. To sell it or pledge it, husband and wife must both agree.

This guide is for couples planning to sell or buy a home, and for buyers who need to be sure the seller is really entitled to sell. It covers the basic rules on marital property, the exceptions, and the documents to check.

The name on the certificate doesn’t decide it

Article 35 of UU No. 1 Tahun 1974 on marriage divides a couple’s property into two kinds:

  • Harta bersama (marital property), meaning property acquired during the marriage.
  • Harta bawaan (separate property), meaning property each spouse brought into the marriage, plus anything each received as a gift or inheritance.

A house bought after the wedding is marital property, even if the certificate is in the husband’s name only or the wife’s name only. Its status doesn’t change either if the instalments came out of only one spouse’s salary.

Some people only realise this when they sit down in front of a PPAT (Pejabat Pembuat Akta Tanah, the official who draws up land deeds). It’s better to know from the start.

One situation often causes confusion: a house bought during the marriage, but with one spouse’s inheritance or separate money. Its status can be disputed later. Keep proof of where the money came from, and ask a notary whether the couple should put an agreement in writing.

Under Article 36 of the same law, acting on marital property requires the consent of both spouses. In a sale, you see this rule clearly at the PPAT’s desk.

The PPAT usually asks for:

  • The seller’s ID card (KTP) and family card (Kartu Keluarga).
  • The marriage certificate (buku nikah or akta perkawinan).
  • The spouse’s signature on the AJB (Akta Jual Beli, the deed of sale), or written consent if the spouse can’t attend. That consent is better made before a notary.

The same applies when the house is pledged to a bank, given away or exchanged. A sale without the spouse’s consent opens the door to a lawsuit later, and the buyer can be pulled into it.

If your spouse doesn’t agree, the PPAT won’t go ahead with the deed. Try to settle it within the family first. Legal action is a last resort, and worth discussing with a lawyer.

If your spouse lives in another city or works abroad, arrange the consent letter well before the signing date. Ask the PPAT which form of letter they accept.

Separate property, inheritance and gifts

Separate property stays under each spouse’s own control, unless the couple agree otherwise. The owner has full rights to sell it alone.

The catch is that a PPAT or a buyer can’t always see straight away that a house is separate property. Have the proof ready:

  • An acquisition date earlier than the wedding date, for example from an old AJB or the certificate.
  • Inheritance documents, such as a statement of heirs (surat keterangan waris), if the house came from your parents.
  • A deed of gift (akta hibah), if the house was a gift.

Watch out for separate property that has become mixed. Examples are an inherited house renovated heavily with joint money, or separate land on which a house was built during the marriage. Talk to a notary about the status of those parts before you sell.

Marriage agreements, including ones made after the wedding

A marriage agreement (perjanjian perkawinan) can provide that the spouses’ property is kept separate. With such an agreement, a house bought in one spouse’s name can belong to that spouse alone.

Since Constitutional Court Decision No. 69/PUU-XIII/2015, a marriage agreement can be made during the marriage, not only before the wedding. It is made before a notary, recorded as the rules require, and may not harm third parties such as creditors.

The agreement can also cover other matters, such as who bears a particular debt, as long as it doesn’t break the law, religious rules or public decency.

If a seller says they have a marriage agreement, the PPAT will ask for a copy. As the buyer, ask to see it too.

For Indonesians married to foreign nationals, this agreement matters a great deal. Without separation of property, the Indonesian spouse can’t hold a Sertifikat Hak Milik (SHM, the strongest freehold title). This is explained in our guide on whether foreigners can buy property in Indonesia.

After a divorce or a spouse’s death

After a divorce

A divorce certificate ends the marriage, but it doesn’t divide the marital property by itself. Until it is divided, the house still belongs to both.

To sell it, both former spouses sign, unless the property has already been divided through a written agreement or a court decision. Ask the PPAT which division documents they need. If you are buying from someone recently divorced, ask for those division documents. The divorce certificate alone isn’t enough.

After a spouse dies

Generally, half of the marital property belongs to the surviving spouse, and the deceased spouse’s half becomes part of their estate. So to sell the house, all of the deceased’s heirs must agree, including the children. Have the death certificate, the statement of heirs and every heir’s ID ready early, because the PPAT will ask for them.

  • Heirs who are minors need a court decision on guardianship before their share can be sold.
  • Heirs living abroad can sign a power of attorney legalised at an Indonesian embassy or consulate.

The order of steps is covered in our guide to selling inherited land.

A home loan in both names

When you apply for a KPR (Kredit Pemilikan Rumah, a home loan), the bank usually asks for the spouse’s consent or signature. The reason is that the house will be marital property and pledged to the bank. If you combine incomes, both credit histories are checked as well.

The certificate can be in one name or both. The name on it doesn’t change the marital property status, but both names make each spouse’s position clearer on paper. Settle the names before the AJB, because changing them after the deed is signed is far more hassle and adds cost. Applying together is covered in our guide to a home loan on joint income.

What a buyer should check about the seller’s status

Before paying any deposit, ask for and check:

  • The seller’s ID card, including the marital status field. Ask directly if it says unmarried but the seller clearly has a family.
  • The family card, to see the household members.
  • The marriage certificate, if the seller is married, and make sure the spouse signs too.
  • The divorce certificate and property division documents, if the seller is divorced.
  • The death certificate and statement of heirs, if the seller’s spouse has died.
  • The marriage agreement, if the seller says their property is separate.
  • The date the house was acquired, to compare with the wedding date.

If something doesn’t add up, for example the status on the ID card differs from what the seller tells you, hold off on the deposit and ask the PPAT to check the documents first.

Other documents to ask a seller for are listed in our checklist of documents for buying a house.

If you and your spouse are planning to sell your home, you can start from Vorneo’s List Your Property page.