In case the house is bought while still single, after the wedding, the money will be paid, is it determined that it is a common or private property upon divorce?
In Vietnam, which property is identified as common property of husband and wife?
Pursuant to Article 33 of the 2014 Law on Marriage and Family, the common property of husband and wife in Vietnam is specified as follows:
"Article 33. Common property of husband and wife
1. Common property of husband and wife includes property created by husband and wife, income generated by labor, production and business activities, yields, and income arising from separate property and other lawful incomes in the marriage period, except the case specified in Clause 1, Article 40 of this Law; property jointly inherited by husband and wife or shared property and other property agreed upon by husband and wife is common property.
The land use right acquired by a husband or wife after marriage is the common property of husband and wife, unless the husband or wife is inherited separately, is given separately or acquired through transactions with separate property.
2. The common property of husband and wife is under the consolidated common ownership, which is used to meet the family's needs and perform the common obligations of husband and wife.
3. In cases where there are no grounds to prove that the property in which the spouse in dispute is the private property of each party, such property shall be regarded as the common property. "
In case, when buying house when buying when single, after wedding, paying all money, is it common property or private property in accordance with current law?
What property is determined as private property of husband and wife in Vietnam?
According to Article 43 of the 2014 Law on Marriage and Family, the separate property of husband and wife in Vietnam, specifically:
"Article 43. Personal property of husband and wife
1. Separate property of husband and wife includes property owned by each person before marriage; property inherited separately and given separately during the marriage period; property separately divided between husband and wife according to the provisions of Articles 38, 39 and 40 of this Law; property serving the spouse's essential needs and other property which, as provided for by law, belongs to his or her own ownership.
2. Property formed from private property of husband and wife is also private property of husband and wife. Yields and profits arising from private property during the marriage period comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law. "
How is the principle of settling property of husband and wife upon divorce in Vietnam?
According to Article 59 of the 2014 Law on Marriage and Family, the principle of settling property of husband and wife upon divorce in Vietnam is as follows:
(1) In the case of the statutory of the property regime of husband and wife, the settlement of the property shall be agreed upon by the parties; If the agreement cannot be reached, at the request of wife, husband or husband and wife, the Court shall settle it according to the provisions of Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law.
In cases where the property regime of husband and wife is agreed upon, the settlement of the property upon divorce shall comply with that agreement; If the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law shall apply for settlement.
(2) The common property of husband and wife is divided into two halves, taking into account the following factors:
- The circumstances of the family and of the husband and wife;
- Contribution of husband and wife to the creation, maintenance and development of common property. Work of husband and wife in the family is considered as paid labor;
- Protect the legitimate interests of each party in production, business and occupation so that the parties can continue to work and generate income;
- The fault of each party violating the rights and obligations of the husband and wife.
(3) The common property of husband and wife is divided in kind, if in kind cannot be divided by value; whoever receives the part of the property in kind with a value greater than the part he is entitled to enjoy must pay the other party the difference.
(4) Separate property of wife or husband belongs to his / her ownership, except where separate property has been merged into common property in accordance with this Law.
In case of a merger or mixture of private property with common property and a husband or wife has a request for property division, they shall be paid their share of the value of their contribution to that property, except for school. There is another agreement between husband and wife.
(5) Protect the legitimate rights and interests of wives, minor children, adult children who have lost their civil act capacity or are incapable of working and have no property to support themselves.
(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.
So, to your question, the house you bought before you got married and paid off your marriage was the result of a merger, mixing your own property (your own property) with your common property. couple. Depending on the case, you can prove how much money you have contributed to the purchase of the house before you get married to determine whether the house is public or private. At the same time, there are other cases determining common and private property of husband and wife as mentioned above.
Above is some of the information we provide to you. Best regards!
Thư Viện Pháp Luật