Hello Lawyer 247. My wife and I have been married for 2 years, before we got married, I bought a piece of land in the city center, waiting for the land price to rise. This is a private property in my wife’s name alone. So about the matter “Selling private property during marriage under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Law on Marriage and Family 2014
What is the common property of husband and wife?
Pursuant to the provisions of Article 33 of the Law on Marriage and Family regarding the common property of husband and wife, specifically as follows:
1. Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes in the family. the marriage period, except for the cases specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property agreed upon by husband and wife is common property.
Land use rights acquired by husband and wife after marriage are the common property of husband and wife, except for cases where the spouses are separately inherited, given separately or acquired through transactions with separate property.
2. The husband and wife’s common property is under common ownership and is used to meet the family’s needs and fulfill their common obligations.
3. In case there are no grounds to prove that the property in dispute between husband and wife is the separate property of each party, such property shall be considered as common property.”
This regulation is guided by Decree 126/2014/ND-CP as follows:
Article 9. Other lawful incomes of husband and wife during the marriage period
1. Bonuses, lottery winnings and allowances, except for the case specified in Clause 3, Article 11 of this Decree.
2. Property that husband and wife have established ownership of according to the provisions of the Civil Code with respect to derelict objects, buried or sunken objects, dropped or forgotten objects, livestock and livestock Lost poultry, aquatic pets.
3. Other lawful income as prescribed by law.
What common property of husband and wife must register?
– In case the property is jointly owned by husband and wife, which is required by law to be registered, the ownership certificate must include the names of both husband and wife.
+ Practice shows that only very large assets, which are very important to family life, are the names of both husband and wife in the certificate of ownership (such as housing, land use rights, etc.), but nor in all cases. For other properties, ownership must be registered, but in the certificate usually only the names of the spouses (such as motorcycles, cars, ships, transport boats…).
+ In order to protect the legitimate interests of the parties, in the case of property acquired by a husband or wife during the marriage period that is required by law to register ownership, but in the ownership certificate only the name of the spouse, if there is no dispute, it is the common property of the husband and wife.
+ If there is a dispute as to separate property, the person named in the certificate of ownership must prove that this property is inherited separately, given separately during the marriage period, or this property is obtained from a separate property. separate property specified in Clause 1, Article 32 (for example, inheriting an amount of money separately and using this money to buy themselves a motorbike without entering into the common property of husband and wife).
– In case there is no evidence to prove that the property in which the husband and wife are in dispute are separate property of each party, such property is common property.
What property does the couple’s separate property include?
Pursuant to Article 43 of the Law on Marriage and Family 2014 stipulates the separate property of husband and wife, specifically as follows:
+) Separate property of husband and wife includes property that each person has before marriage; separately inherited property, given separately during the marriage; property divided among husband and wife separately according to the provisions of Articles 38, 39 and 40 of this Law; property serving the essential needs of the husband and wife and other property which, as prescribed by law, belongs to the husband and wife separately.
+) Property formed from the separate property of the husband and wife is also the separate property of the husband and wife. Yields and profits arising from separate property during the marriage period shall comply with the provisions of Clause 1, Article 33 and Clause 1, Article 40 of this Law.
Selling private property during marriage under Vietnam law
Pursuant to Article 43 of the Law on Marriage and Family mentioned above, there are clear regulations on the types of separate property.
These are assets that a spouse has before marriage registration, or property that each person inherits, gives separately during the marriage, separate properties according to other regulations…
Separate property is also property serving the essential needs of husband and wife; property formed from the separate property of husband and wife…
Article 46 of this Law also clearly stipulates that the integration of separate property of husband and wife into the common property will be done according to the agreement of husband and wife.
In addition, if the property is entered into the common property and according to the provisions of law, the transaction related to that property must follow a certain form, the agreement must ensure that form.
Obligations related to separate property when merged into common property shall be performed by common property, unless otherwise agreed by husband and wife or otherwise provided for by law.
According to the above regulations, whether or not to enter the separate property of the spouses into the common property is the right of each person, not mandatory. Therefore, the land your wife buys, in your wife’s name, if your wife does not intend to join the common property, it is still your wife’s separate property.
Regarding the use of private property, Article 44 of the Law on Marriage and Family stated as follows:
With their own property, the spouse has the right to use, possess and dispose of it. Spouses have the right to incorporate the separate property into the common property or not.
If the spouse cannot manage their own property and does not authorize others to manage it, the children have the right to manage that property. And of course, asset management must ensure the interests of property owners.
In addition, each person’s separate property obligations are paid out of that person’s own property.
In case the yield and income are obtained from the separate property of the spouse, which is the sole source of the family’s livelihood, the disposition of this property must be agreed upon by the other spouse.
According to the above provisions, in case your wife rents out a house and the income from the rental is the sole source of livelihood of your husband and wife, the sale of that apartment must be approved by the husband.
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Please see more
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Frequently asked questions
In principle, if it is already the separate property of the husband and wife, then the husband and wife have the right to possess, use and dispose of their own property. In the event that a spouse cannot manage their own property and does not authorize another person to manage it, the other party has the right to manage such property.
Separate property of a husband or wife under the ownership of that person; except for cases where separate property has been merged into common property in accordance with this Law.
In case of merger or mixing of separate property with common property; that the spouse has a request for property division; shall be paid the value of his/her assets contributed to that block of assets; unless otherwise agreed by husband and wife.
The division of common property of husband and wife during the marriage period does not terminate the property regime of husband and wife according to law.
From the time when the division of common property of husband and wife takes effect, if the husband and wife do not otherwise agree, the property will be divided; yields and profits arising from such property; yields and profits arising from other separate property of husband and wife are separate property of husband and wife.
From the time when the division of common property of husband and wife takes effect, if the property obtained from the exploitation of separate property of husband and wife, but it cannot be determined that it is income from labor or production activities, husband and wife’s business or the yields and profits arising from such separate property shall be jointly owned by the husband and wife.
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