Instructions on the procedure for reclaiming land in Vietnam in case the husband voluntarily sells the land in Vietnam to get money for his own purposes?
The right to dispose of common property of husband and wife? Does the wife have the right to reclaim the land in Vietnam?
Pursuant to the provisions of Article 29 of the Law on Marriage and Family 2014, the general principles on the property regime of husband and wife are as follows:
“Article 29. General principles on the property regime of husband and wife
1. Husband and wife are equal in rights and obligations in the creation, possession, use and disposition of common property; does not distinguish between labor in the family and labor with income.
2. Husband and wife are obliged to ensure conditions to meet the family's essential needs.
3. The performance of property rights and obligations of husband and wife but infringing upon the lawful rights and interests of husband and wife, family and other people must be compensated.”
Pursuant to the provisions of Article 35 of the Law on Marriage and Family 2014 guided by Article 13 of Decree 126/2014/ND-CP on possession, use and disposition of common property of husband and wife, accordingly:
- The possession, use and disposition of common property shall be agreed upon by husband and wife. In case a husband or wife establishes and performs transactions related to common property to meet the essential needs of the family, the consent of the other party is considered, except for the case specified in Clause 2 of this Article. 35 of the Law on Marriage and Family.
- In case the spouses dispose of the common property in violation of the provisions of Clause 2, Article 35 of the Law on Marriage and Family, the other party has the right to request the Court to declare the transaction invalid and settle the legal consequences. of the invalid transaction.
Clause 2, Article 35 of the Law on Marriage and Family 2014 provides for cases in which common property disposition must be agreed in writing by husband and wife, including:
+ Real estate
a) The movable property which must be registered for ownership according to the provisions of law;
Property is the main source of income for the family.
Pursuant to the provisions of Article 31 of the Law on Marriage and Family 2014, the transactions related to the house as the sole residence of the husband and wife are as follows:
“Article 31. Transactions related to the house as the sole residence of husband and wife
The establishment, performance and termination of transactions related to the house being the sole residence of the husband and wife must be agreed upon by the husband and wife. In case a house is privately owned by a spouse, the owner has the right to establish, perform, and terminate transactions related to such property, but must ensure accommodation for the couple.”
Accordingly, from the above provisions, it can be seen that husband and wife are equal in their rights and obligations to common property, the disposition of common property must be agreed upon by husband and wife and must be made in writing to each other. the case of real estate, movable property which must be registered by law, or the property is the main source of income for the family. Accordingly, it is against the law to sell the house without the consent of the wife.
Instructions on the procedure for reclaiming land in Vietnam in case the husband voluntarily sells the land in Vietnam to get money for his own purposes?
Will the common property transaction contract be void without the consent of the wife?
Pursuant to the provisions of Clause 2, Article 13 of Decree 126/2014/ND-CP on possession, use and disposition of common property of husband and wife, accordingly:
In case the spouses dispose of the common property in violation of the provisions of Clause 2, Article 35 of the Law on Marriage and Family, the other party has the right to request the Court to declare the transaction invalid and settle the legal consequences of the marriage. transaction is invalid.
Pursuant to Article 131 of the 2015 Civil Code, the legal consequences of invalid civil transactions are as follows:
“Article 131. Legal consequences of invalid civil transactions
1. An invalid civil transaction does not give rise to, change or terminate the civil rights and obligations of the parties from the time the transaction is established.
2. When a civil transaction is invalidated, the parties shall restore the original state and return to each other what they have received.
In case it is not possible to return in kind, the money value will be refunded.
3. The righteous party in the collection of yields and profits is not required to return such yields and profits.
4. The party at fault causing damage must compensate.
5. The settlement of consequences of invalid civil transactions related to moral rights shall be prescribed by this Code and other relevant laws.”
Accordingly, after you carry out the procedures to reclaim the land in Vietnam, the Court will declare the civil transaction invalid, the parties will restore the original state, return to each other received: Your husband will refund money has been received and the buyer of the house and land in Vietnam will return the house and land in Vietnam to your family.
Instructions on the procedure to follow to reclaim the land in Vietnam?
Because in this case, your husband's behavior is a violation of the law and your husband's real estate transaction will be declared invalid. Therefore, you need to carry out the following procedures to reclaim your house and land in Vietnam as follows:
Step 1: Prepare documents:
+ A petition to declare your husband's real estate sale and purchase contract null and void
+ Certificate of land in Vietnam use rights of the couple, registration certificate, land in Vietnam purchase and sale contract, etc.
+ Notarized photocopies of personal papers: CCCD, ID card, household registration book, etc.
Step 2: Submit the file to the Court for settlement
You need to file with the court at the place of the notary practice organization that has notarized the contract of sale of your husband's house and land in Vietnam.
Step 3: Pay the fee and wait for settlement.
Thus, in your case, you have the right to reclaim the property and need to carry out the above procedures to proceed to reclaim the land in Vietnam. After reclaiming the house, you and your husband can agree to divide the property if there is a need.
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