If a husband lives with his wife’s family, how to divide property upon divorce? What are the principles of settlement of property of husband and wife upon divorce in Vietnam?
If a husband lives with his wife’s family, how to divide property upon divorce?
In Article 61 of the 2014 Law on Marriage and Family of Vietnam on division of property for a couple living with their family as follows:
Division of property for a couple living with their family
1. When a couple living with their family get a divorce, if their property cannot be determined separately from the common property of the family, the husband or wife is entitled to division of part of the family’s common property based on the couple’s contributions to the creation, maintenance and development of the family’s common property as well as to the common life of the family. The couple shall reach agreement with their family on their portion divided from the family’s common property. If they fail to reach agreement thereon, they may request settlement by a court.
2. For a couple living with their family whose property can be determined separately from the family’s common property, upon divorce, such property portion of the couple shall be deducted from the family’s common property for division under Article 59 of this Law.
Thus, according to the above provisions, in case the husband lives with his wife’s family and their property cannot be determined separately from the common property of the family, upon divorce, the husband will be is entitled to division of part of the family’s common property based on his contributions.
If a husband lives with his wife’s family, how to divide property upon divorce? What are the principles of settlement of property of husband and wife upon divorce in Vietnam? (Image from the Internet)
What are the principles of settlement of property of husband and wife upon divorce in Vietnam?
Article 59 of the 2014 Law on Marriage and Family of Vietnam stipulates the principles of settlement of property of husband and wife upon divorce as follows:
Principles of settlement of property of husband and wife upon divorce
1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
2. Common property shall be divided into two, taking into account the following factors:
a/ Circumstances of the family, husband and wife;
b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;
d/ Each spouse’s faults in the infringement of spousal rights and obligations.
3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.
A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.
5. The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.
6. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.
Thus, the settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall divide it into two but taking into account certain factors as stipulated above.
Is it possible to conduct division of land use rights being separate property of husband and wife in Vietnam?
Pursuant to Article 62 of the 2014 Law on Marriage and Family of Vietnam, there are provisions on division of land use rights of husband and wife upon divorce as follows:
Division of land use rights of husband and wife upon divorce
1. Land use rights being separate property of a spouse remain under his/her ownership upon divorce.
2. The division of land use rights being common property of husband and wife upon divorce shall be divided as follows:
a/ For agricultural land under annual crops or aquaculture, if both partners have the need and conditions to directly use the land, the land use rights shall be divided under their agreement. If they fail to reach agreement thereon, they may request a court to settle it according to Article 59 of this Law.
When only one partner has the need and conditions to directly use the land, that partner may continue to use the land but shall pay to the other the portion of the land use right value the latter is entitled to;
b/ When husband and wife share the right to use agricultural land under annual crops or aquaculture with their household, upon divorce, the couple’s portion of the land use right shall be separated and divided under Point a of this Clause;
c/ For agricultural land under perennial trees, forestry land for forestation or residential land, the land use rights shall be divided according to Article 59 of this Law;
d/ The division of the rights to use land of other categories must comply with the land law.
3. For husband and wife living with their family and sharing no land use rights with the latter, upon divorce, the interests of the partner who has no land use rights and does not continue to live with the family shall be settled according to Article 61 of this Law.
Thus, land use rights being separate property of a spouse will not be divided upon divorce.
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