Property division upon divorce: What should be noted in Vietnam? Types of property that do not have to be; divided in divorce. Let us learn about this topic with LSX law firm as follow:
Property division upon divorce: What should be noted in Vietnam: Times required to divide common property
What is a divorce? What is the common cause of divorce in Vietnam? According to the provisions of Article 33 of the Law on Marriage and Family 2014; (Law on Marriage and Family), it can be; seen that the common property of husband and wife includes:
– Property created by husband and wife, income from labor, production, business, yields; profits from separate property and other lawful income during marriage; unless arising from separate property after the division;
– The right to use land after marriage, except for the case of separate inheritance; separate gift or through transaction with separate property.
In which, the common property of husband and wife is under common ownership; and is; used to meet the needs of the family and fulfill the common obligations of husband and wife.
In addition, according to the provisions of the Law on Marriage and Family; on the matrimonial property regime, the law respects the agreement of the couples. Therefore, the division of marital property can be; done during the marriage; right at the time of divorce or after the divorce, depending on the agreement. Divorce without common property, how much is the court fee in Vietnam?
What should be noted in Vietnam: Types of property that do not have to be divided in divorce
During marriage, husband and wife can have common property or have separate property. When you divorce, the division of property is based on the agreement of the two people. Accordingly, there are two types of property as follows that are not subject to division when the couple divorces:
– The property is; agreed to not be; divided. The principle of divorce settlement according to Article 59 of the Law on Marriage and Family is voluntary and agreed upon. Therefore, if husband and wife agree on common property, the Court will recognize such agreement;
– Separate property of husband and wife: According to Article 11 of Decree 126 of the Government in 2014; the following properties will be; considered as separate property: Property rights to intellectual property objects; Property acquired before marriage; Property inherited separately, given separately during marriage…
With these separate properties, because there is no contribution from the other person, this person cannot ask the Court to divide.
What should be noted in Vietnam: Divorce, will the husband and wife’s common property be divided?
When divorcing, husband and wife have the right to agree with each other on all issues including the division of property. Therefore, common property upon divorce can be; divided by agreement.
If an agreement cannot be; reached and either party or both parties make a request, the Court will settle it according to the provisions of Clause 2, Article 59 of the Law on Marriage and Family by dividing in half but taking into account the following factors:
– Circumstances of the family and husband and wife, such as health status, working ability, etc. Based on the actual situation, the party that is more difficult after the divorce will be; divided more…
– Contribution of husband and wife to the creation, maintenance and development of this common property. The party with more effort will be; shared more. However, the husband and wife who stay at home are; still counted as workers with income equivalent to those who work;
– Protect the legitimate interests of each party in production, business and profession so that the parties have conditions to continue working to generate income. However, this protection must not affect the minimum living conditions of the other person;
– The fault of each party in violation of the rights and obligations of the husband and wife:
The fault of one party leads to the divorce of the husband and wife: One of the two commits domestic violence, is unfaithful…
In particular, when dividing marital property, the Court must consider the lawful rights and interests of the wife, minor children and adult children who have lost their civil act capacity or are unable to work. movement and property to support themselves.
In addition to the division, the Court also bases on the above factors.
Is it possible to claim property division after being divorced for many years?
According to the provisions of Clause 1, Article 7 of Joint Circular No. 01 2016, husband and wife upon divorce have the right to reach agreement among themselves on all issues, including division of common property between husband and wife.
If an agreement cannot be; reached and a request is; submitted to the Court; the Court will consider and decide whether to apply the property regime as agreed or prescribed by law.
Therefore, the division of common property between husband and wife is the right of two people. Two people can follow an agreement or ask the Court to settle. Therefore, if there is a request, even after many years of divorce, they still have the right to request a divorce from the Court.
Finally, hope this article about Property division upon divorce: What should be noted in Vietnam? is helpful for you!
– Unable to determine marital property and common property of the family: Based on the efforts of husband and wife to contribute to the creation, maintenance and development of common property as well as to the common life of the family family to divide a part of the property among the husband and wife.
The division of this property will be; agreed upon by the husband and wife with the family. If no agreement is reached, ask the Court to settle.
– Determination of husband and wife’s assets in common family property: Based on the determined portion of property of husband and wife in common property to divide in half based on the following factors: Contribution effort; fault of the parties…
The division of property upon divorce is done only with the property of the couple and according to the agreement of the couple (if any). Therefore, upon divorce, the husband and wife divide the common property that is not related to the children’s property as well as the children will not participate in the process of dividing the property of the father and mother.
However, after the husband and wife complete the procedures for property division upon divorce, either or both of them can give their children the portion of the property they are entitled to or leave a will for the children after the father, mother died.