The institution of property of husband and wife has always been of interest to legal researchers, researched, and built into a separate, basic, and most important institution that is hard-coded in the Law on Marriage and Family through period. I find the problem of determining my joint and separate property quite troublesome. So about the matter “Common property of husband and wife under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Civil Code 2015
- Decree 126/2014/ND-CP
Shared ownership of the wife and husband
According to Article 207 of the 2015 Civil Code, common ownership is the ownership of multiple entities over property. Joint ownership includes share ownership and consolidated joint ownership.
Shared ownership by part
• Shared ownership is joint ownership in which each owner’s share of ownership is determined over the common property.
• Each joint owner in part has the rights and obligations to the property under common ownership in proportion to his or her share of ownership rights, unless otherwise agreed.
Consolidated common ownership
• Consolidated common ownership is joint ownership in which the share of ownership by each joint owner is not determined for the common property.
• Consolidated common ownership includes:
o Divisible consolidated common property
o Undivided undivided common ownership.
• Consolidating common owners have equal rights and obligations to assets under common ownership.
Joint ownership of husband and wife
• Joint property of husband and wife is divisible joint property.
• Husband and wife together create and develop common property; have equal rights to possess, use and dispose of common property.
• Husband and wife agree or authorize each other to possess, use and dispose of common property.
• Common property of husband and wife can be divided by agreement or by decision of the Court.
• In case husband and wife choose the property regime as agreed upon in accordance with the law on marriage and family, the common property of husband and wife shall be applied according to this property regime.
Common property of husband and wife under Vietnam law
Clause 1, Article 33 of the Law on Marriage and Family 2014 (Law on Marriage and Family 2014) stipulates
Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, income arising from separate property and other lawful income during the period of period of marriage, except for the case specified in Clause 1, Article 40 of this Law; property jointly inherited by husband and wife or given as a gift and other property agreed upon by husband and wife is common property.”
Thus, it can be understood:
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 during a period of time. marriage; property that husband and wife inherit jointly, are given as a gift and other property that husband and wife agree is common property; land use rights acquired by husband and wife after marriage are the common property of husband and wife, except where the spouses are separately inherited, given separately or acquired through transactions with separate property.
Types of common property of husband and wife
According to Article 33 of the Law on Marriage and Family 2014, the common property of husband and wife includes:
• Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, income arising from separate property and other lawful income during the period. marriage period, except for the case 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.
• The husband and wife’s common property is under common ownership and is used to meet the family’s needs and fulfill the husband’s common obligations.
Regulations on joint property ownership of husband and wife
Registering common property of husband and wife
According to Article 12 of Decree 126/2014/ND-CP, the registration of common property of husband and wife is regulated as follows:
• Common property of husband and wife that must be registered as prescribed in Article 34 of the Law on Marriage and Family includes land use rights and other properties that are required by law to register use rights and ownership rights.
• For common property of husband and wife which has been registered and named on one of the spouses, the husband and wife have the right to request the competent authority to change the certificate of ownership and land use right to register their name. of both husband and wife.
• In case the common property is divided during the marriage period and in the certificate of ownership or the certificate of land use right, the names of both husband and wife are listed, the party receiving the property share in kind has the right to claim The property registration agency shall re-issue the certificate of ownership or the certificate of land use right on the basis of a written agreement of the husband and wife or a decision of the Court on division of common property.
Possession, use and disposition of common property of husband and wife
According to Article 13 of Decree 126/2014/ND-CP, possession, use and disposition of common property by husband and wife are regulated as follows:
• The possession, use and disposition of common property shall be agreed upon by husband and wife. In case a spouse establishes and performs transactions related to common property to meet the essential needs of the family, the consent of the other party is considered, except for the case specified in Clause 2 of this Article. 35 of the Law on Marriage and Family.
• In case the spouses dispose of common property in violation of the provisions of Clause 2, Article 35 of the Law on Marriage and Family, the other party has the right to request the Court to declare the transaction invalid and settle the legal consequences. of the invalid transaction.
Joint property obligations of husband and wife
According to Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common property obligations:
• Obligations arising from transactions established by the husband and wife’s agreement, the obligation to compensate for damage for which the husband and wife are jointly liable according to the law;
• Obligations performed by a spouse to meet the essential needs of the family;
• Obligations arising from the possession, use and disposition of common property;
• Obligations arising from the use of separate property to maintain or develop the common property or to generate the main source of income for the family;
• Obligation to compensate for damage caused by their children which, according to the Civil Code, parents must compensate;
• Other obligations as prescribed by relevant laws.
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Frequently asked questions
According to Article 9 of Decree 126/2014/ND-CP, other lawful incomes of husband and wife during marriage include:
Bonuses, lottery winnings, allowances, except for the case specified in Clause 3, Article 11 of this Decree.
Property that spouses have established ownership rights in accordance with the provisions of the Civil Code with respect to derelict objects, buried or sunken objects, dropped or forgotten objects, livestock and poultry lost, aquatic pets.
Other lawful income as prescribed by law.
According to Article 10 of Decree 126/2014/ND-CP, yields and profits arising from separate property of husband and wife are:
Profits arising from the separate property of husband and wife are natural products that husband and wife have from their own property.
Income arising from separate property of husband and wife is the profit that a husband or wife earns from exploiting their own property.
According to Article 36 of the Law on Marriage and Family 2014, in cases where husband and wife have an agreement on one party to put common property into business, this person has the right to conduct transactions related to that common property by himself. This agreement must be in writing.
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