Division of land upon divorce in Vietnam. Division of land upon divorce in Vietnam If the land is private property and common property. Let us learn about this topic with LSX law firm as follow:
Divorce Cases
Property division upon divorce: What should be noted in Vietnam?
In the case of an amicable divorce
According to the provisions of Article 55 of the Law on Marriage and Family 2014; a consent divorce is a case where a husband and wife both request a divorce to the Court; and both parties voluntarily divorce without coercion. The two parties were able to reach an agreement on the division of property, the care, rearing; care and education of the child to ensure that the child is; cared for appropriately and in the best way. Therefore, in the case of an amicable divorce, all three factors must be; met:
Husband and wife voluntarily divorce
The agreement is; supported by the person raising and supporting the child; ensuring the interests of the parties and the child.
The issues of property division or property obligations have been; agreed. Or have not reached an agreement but do not ask the court to settle the property.
Divorce at the request of one party
According to Article 56 of the Law on Marriage and Family 2014, a divorce at the request of one party or a unilateral divorce is a case where:
When a spouse requests a divorce but the conciliation is unsuccessful at the Court; the Court shall grant the divorce if there are grounds for the fact that the spouse has committed domestic violence; or seriously violated the rights and obligations of the spouse. Husband and wife make the marriage fall into a serious situation; living together cannot be; prolonged, the purpose of marriage cannot be; achieved.
In case the spouse of the person who is; declared missing by the Court requests a divorce, the Court shall grant the divorce.
In case there is a request for divorce as prescribed in Clause 2, Article 51 of this Law; the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence; that seriously affect the family’s character life, health, and spirit of the other.
Division of land upon divorce in Vietnam
Division of land upon divorce in Vietnam If the land is private property.
How to prove spouse’s separate property in Vietnam? According to the provisions of the Law on Marriage and Family 2014 in Article 43 on separate property of husband and wife, separate property includes:
Separate property of husband and wife includes property that each person has before marriage; privately inherited property, given separately during the marriage property to be; divided separately between husband and wife according to the provisions of Articles 38, 39 and 40 of this Law; property serving the essential needs of the spouses; 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.
Division of land upon divorce in Vietnam If the land is common property.
Firstly: According to the provisions of the Law on Marriage and Family 2014; the common property of husband and wife is regulated as follows:
Common property of husband and wife includes property created by husband and wife, income from labor; production and business activities, yields and profits arising from separate properties; and other lawful incomes during 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.
The husband and wife’s common property is under common ownership and is; used to meet the family’s needs and fulfill the husband and wife’s common obligations.
In case there are no grounds to prove that the property in dispute between the husband and wife is the separate property of each party, such property shall be considered as common property.
Second: Based on the common property and separate property of husband and wife, the land use right shall be divided according to the provisions of the Law on Marriage and Family as follows:
The right to use land is the private property of either party, and upon divorce, it still belongs to that party.
The division of land use rights as common property of husband and wife upon divorce is done as follows:
For agricultural land for planting annual crops and aquaculture; if both parties have the demand and have conditions to directly use the land; it shall be; divided according to the agreement of the two parties; if no agreement can be reached, request the court to settle it according to the provisions of Article 59 of this Law.
In cases where only one party has the need and conditions to directly use the land; that party may continue to use it but must pay the other party for the value of the land use right to which he/she is; entitled
In case the husband and wife have the right to use agricultural land for planting annual crops or aquaculture with the household; upon divorce, the husband and wife’s land use rights will be separated and divided; according to the provisions of Point a, Clause 1, 2 of this Article. this;
For agricultural land for planting perennial crops, forestry land for afforestation, and residential land, it shall be; divided according to the provisions of Article 59 of this Law;
For other types of land, it shall be; divided according to the provisions of the law on land.
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Related questions
The definition of divorce is provided in Clause 14, Article 3 of the Law on Marriage and Family as follows:
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court.
Consensual divorce is when husband and wife jointly request a divorce; voluntarily divorce and other issues such as property division, childcare, etc. have been agreed upon.
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