REGULATIONS ON COMMON AND SEPARATE PROPERTY
OF HUSBAND AND WIFE
- Property counsel in the field of marriage and family.
- Answering questions about property donated during the marriage
- The order and procedures for common property agreement during the marriage period are the separate property of the spouse
- Advice on court fees to resolve property disputes during divorce.
- What are the factors that base the asset division?
- Counseling on order and procedures for transfer of land use rights which are the common property of husband and wife.
- Answer questions about the alimony regime after divorce.
- The common property of husband and wife.
Assets include money, objects, valuable papers, and property rights (in other words: real estate and property). The future property, if proven legally, is also considered an asset.
The common property of husband and wife includes the following types of property:
- The common property of husband and wife includes property created by husband or wife, income from labor, production and business activities, yields, and income from the separate property of each party during the marriage period.
- Property that husband and wife may inherit or share and other property agreed upon by husband and wife is common property.
- Land use rights acquired by a husband or wife after marriage are the common property of husband and wife unless the husband or wife inherits separately is given separately or through any transaction with separate property.
- If there are no grounds to prove that a spouse in dispute is the private property of each party, such property is considered common property.
(Article 33 of the Law on Marriage and Family)
Because many subjects do not clearly define the interpretation of “other legal income of the spouse during the marriage period“, the Government has also issued a Decree to clearly explain this issue, specifically. in Article 9 of Decree 126/2014 / ND-CP stipulates”:
Other lawful incomes of husband and wife during the marriage period are:
- Bonuses, lottery winnings, and subsidies, except for the case specified in Clause 3, Article 1 of this Decree.
- Property over which a husband or wife is established under the Civil Code concerning derelict objects, buried objects, dropped or forgotten objects, lost livestock, and poultry.
- Other legal income as provided for by law.
As for the interpretation “yields and profits arising from the spouse’s property”, in Article 10 of Decree 126/2014 / ND-CP, the explanation is as follows:
Yields and profits arising from the separate property of husband and wife are:
- Yields arising from the separate property of husband and wife are natural property acquired by a husband or wife from their property.
- Income arising from a spouse’s property is the amount earned by husband or wife from exploiting his or her property.
- Separate property of husband and wife
- Separate property of husband and wife includes:
- Property available before marriage; private inheritance, personal gift, and separate division during the marriage period (according to the provisions of Articles 38, 39, 40 of the Law on Labor Group);
- Property serving the spouse’s essential needs and other property as provided for by the law is owned separately by the husband and wife;
- Property formed from the private property of husband and wife is also private property of the spouse, yields and profits arising from separate property during the marriage period comply with Clause 1, Article 33. and Clause 1 Article 40 of the Law on Labor Council;
- (According to the provisions of Clause 1, Article 33, 38,39,40 of the Labor Law);
- Property established by a husband or wife is privately owned under a legally effective court judgment or decision or other competent agency;
- The subsidy was received by husband and wife following the law on preferential treatment for people with meritorious services to the revolution.
(according to the provisions of Article 11 of Decree 126/2014 / ND-CP)
- Choosing the property regime in marriage
The husband and wife have the right to choose to apply the statutory or agreed property regime.
In case of choosing to apply the agreed property regime of husband and wife, husband and wife may reach an agreement on property identification according to one of the following contents:
- The property between husband and wife includes common property and private property of husband and wife;
- There is no private property between a husband and wife, but all property acquired by the husband or wife before the marriage or during the marriage period belongs to the common property;
- There is no common property between a husband and wife, but all property acquired by the husband and wife before the marriage and during the marriage period is privately owned by the person who has that property;
- Determined by husband and wife’s other agreement.
Property regime and determining what is private property, which is the general property of husband and wife is very important to work, directly affects the rights and interests of the parties in a marriage relationship or is oriented to this relationship. In case the readers are not sure of the law, they should consult a lawyer for the best effect.