What are the cases of invalidated common property division during the marriage period? What are the principles of common property regime of husband and wife in Vietnam?
- What are the principles of common property regime of husband and wife in Vietnam?
- Shall the land use rights and land-attached assets before the marriage of the wife be considered separate property in Vietnam?
- Vietnam: What are the cases of invalidated common property division during the marriage period?
What are the principles of common property regime of husband and wife in Vietnam?
Pursuant to Article 29 of the Law on Marriage and Family 2014 stipulates as follows:
General principles of the matrimonial property regime
1. Husband and wife have equal rights and obligations in the creation, possession, use and disposition of their common property without discrimination between housework labor and income-generating labor.
2. Husband and wife have the obligation to ensure conditions for meeting their family’s essential needs.
3. When the performance of property rights and obligations of husband and wife infringes upon lawful rights and interests of the wife, husband, their family or other persons, compensation shall be paid.
Accordingly, the common property regime of husband and wife should be implemented according to the following principles:
- Husband and wife have equal rights and obligations in the creation, possession, use and disposition of their common property without discrimination between housework labor and income-generating labor.
- Husband and wife have the obligation to ensure conditions for meeting their family’s essential needs.
- When the performance of property rights and obligations of husband and wife infringes upon lawful rights and interests of the wife, husband, their family or other persons, compensation shall be paid.
What are the cases of invalidated common property division during the marriage period? What are the principles of common property regime of husband and wife in Vietnam?
Shall the land use rights and land-attached assets before the marriage of the wife be considered separate property in Vietnam?
Pursuant to Article 43 of the Law on Marriage and Family 2014 stipulates as follows:
Separate property of husband and wife
1. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.
2. Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.
Thus, the land use rights and land-attached assets (houses) before marriage are determined to be the property of the wife. The husband has no rights to land or house use rights.
Vietnam: What are the cases of invalidated common property division during the marriage period?
When falling into one of the cases specified in Article 42 of the Law on Marriage and Family 2014, the division of common property during the marriage period will be invalid, specifically as follows:
Invalidated common property division during the marriage period
Common property division during the marriage period shall be invalidated when:
1. It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;
2. It aims to shirk the following obligations:
a/ Raising and support obligations;
b/ Damages payment obligations;
c/ Payment obligations when declared bankrupt by a court;
d/ Debt payment obligations;
dd/ Tax payment obligations or other financial obligations toward the State;
e/ Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.
Thus, the common property division during the marriage period shall be invalidated when:
- It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;
- It aims to shirk the following obligations:
+ Raising and support obligations;
+Damages payment obligations;
+ Payment obligations when declared bankrupt by a court;
+ Debt payment obligations;
+ Tax payment obligations or other financial obligations toward the State;
+ Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.
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