Can a wife name her own property when she marries a foreigner is a question that many people had when they get married. This question refers to the property ownership of spouses in marriage period; which always needs to understand thoroughly. In today’s article, LSX will give you an answer to the question.
- 2014 Law on Marriage and Family
Rights on separate property in marriage with foreigner
A wife can only name her own property in the marriage period with a foreigner when that is separate property. Hence Article 43, 2014 Law on Marriage and Family, separate property includes:
- Property owned before marriage
- Divided property between pouses
- Assets serving essential needs; other private property
- Part if the divided property, yields and profits arising from the seperate property of each spouse after the division of the common property
For this type of property, the wife will have full ownership and disposition without any control from the husband. Thus, in the marriage period, any type of property that she purchases will stay under her private ownership.
Rights on common properties in marriage with foreigner
On the other hand, common properties are spouses’ common ownership, which is used to meet the family’s needs and fulfill the husband and wife’s common obligations. According to Clause 1, Article 33, 2014 Law on Marriage and Family; the common property of husband and wife includes:
- property created by a spouse,
- incomes generated from labor,
- production and business activities, yields and profits arising from separate property
- other lawful incomes in the marriage period
- property jointly inherited by or given to both
- other property agreed upon by husband and wife as common property.
Besides, on this type of property, spouses shall not use it as private property. Hence why the disposition of common property of husband and wife is the agreement of both parties; and a wife could not name her own property when that falls into the category of common property.
Identifying private property
In order to to have the right to name property in a marriage with a foreigner, the spouse must prove that it is separate property. The following documents are the essential evidence in defining private property.
- purchase and sale contracts, invoices, vouchers on purchase, sale, gift, etc. obtained before marriage
- documents on division of marital property
- documents related to inheritance, donation, division
- judgment or decision of a court or other competent authority.
Accordingly, if it is not possible to prove that the property is private property, it will belong to common property.
If the property is given by a husband to his wife, it is separate property.