What is marital property? How to prove spouse’s separate property in Vietnam? What is husband and wife’s separate property? Let us learn about this topic with LSX law firm as follow:
What is spouse’s separate property in Vietnam?
What is marital property? How to prove private property? Court fees and fees for divorce in Vietnam. According to the Law on Marriage and Family, husband and wife can have common property and separate property. However, at present, there is no specific definition of husband and wife’s separate property; but only regulations on types of property that are; considered separate property of husband and wife.
Specifically, based on Article 43 of the Law on Marriage and Family, separate property of husband and wife includes:
– Firstly, property that each person had before marriage;
– Secondly, property inherited separately, given separately during the marriage;
– Thirdly, property to be; divided separately between husband and wife upon division of common property during the marriage period;
– Fourthly, property to serve the essential needs of husband and wife;
– Also, property formed from separate property of husband and wife;
– The part of the property to be divided; yields and profits arising from the separate property of each party after the division of the common property
– Other property which, as prescribed by law, belongs to the husband and wife separately, such as:
Property rights to intellectual property objects;
Property that husband and wife establish separate ownership according to a judgment; or decision of a court or other competent agency;
The allowances and incentives received by the husband and wife in favor of people with meritorious services to the revolution; other property rights attached to the personal identity of the husband and wife.
Thus, unless otherwise agreed, when belonging to one of the above-mentioned types of property; it will be considered as separate property of husband and wife.
How to prove spouse’s separate property?
Property division upon divorce: What should be noted in Vietnam? According to the above analysis, it can be; seen that the separate property of the husband; and wife will be owned by the husband and wife alone, while the common property is; under consolidated ownership; used to ensure the needs of the family; perform the joint obligations of husband and wife (based on Clause 2, Article 33 of the Law on Marriage and Family).
From the types of separate property mentioned above; to prove separate property during the marriage of the husband and wife, the husband needs to rely on the following factors:
1/ Time of asset formation:
This is one of the important issues in determining common property and separate property of husband and wife.
Specifically, unless otherwise agreed; when property is; formed before a husband or wife registers their marriage at a competent State agency; such property will be considered as separate property of the spouse.
Accordingly, it is possible to rely on sales contracts, invoices, purchase and sale documents; gifts, inheritances, etc. obtained before marriage to prove that this property is separate property of husband and wife.
2/ The origin of the property
In addition to the time, the origin of property formation is also one of the important grounds to prove the separate property of the husband and wife. Specifically, include one of the following documents:
– Inherited or donated property: Contract of donation, written agreement on inheritance…
– Rights to intellectual property objects: An intellectual property object registration certificate corresponding to the spouse’s property in accordance with the law on intellectual property.
– Judgment or decision of the Court or other agency to prove the establishment of separate property.
– Written agreement on common property of husband and wife during marriage…
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Related questions
Separate property of husband and wife includes property that each person has before marriage; separately 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; and property serving the spouse’s essential needs and other property which, as prescribed by law; belongs to the husband and wife separately.
Property formed from the separate property of husband and wife is also the separate property of 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.
Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, and yields; profits arising from separate property 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 that husband and wife agree is common property.
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