What is the separate property of husband and wife? What is the common property of husband and wife in Vietnam?
What is the separate property of husband and wife in Vietnam?
Pursuant to Article 43 of the Law on Marriage and Family 2014, the separate property of husband and wife is 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.
In addition, Article 11 of Decree 126/2014/ND-CP also stipulates the separate property of husband and wife as follows:
Other separate property of husband and wife prescribed by law
1. The economic right to intellectual property objects as prescribed by the law on intellectual property.
2. Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency.
3. Allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse.
Accordingly, separate property during the marriage of husband and wife includes:
- 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;
- 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;
- Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency;
- Allowance or incentives receivable by a spouse
What is the separate property of husband and wife? What is the common property of husband and wife in Vietnam?
What is the common property of husband and wife in Vietnam?
Pursuant to Article 33 of the Law on Marriage and Family 2014, the common property of husband and wife is as follows:
Common property of husband and wife
1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.
The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.
2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.
3. When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.
Thus, common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period.
In addition, the land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property
Is the dowry considered common property or separate property of husband and wife in Vietnam?
According to the provisions on common property of husband and wife in Article 33 of the Law on Marriage and Family 2014 includes property created by husband and wife; income from labor, production and business; yields, profits arising from separate property and other lawful incomes during the marriage; property jointly inherited or donated by husband and wife…
Meanwhile, separate property of husband and wife includes property that each person has before marriage; privately inherited or donated property; property to be divided separately between husband and wife; property serving the essential needs of the spouses and other property as prescribed by law; property formed from the separate property of husband and wife, etc.
A dowry is a gift that parents give to the bride on the wedding day but there is no basis to determine whether it is given to the bride alone or to both husband and wife. Therefore, this case has no clear evidence to prove that it is a gift to the wife. According to Clause 3, Article 33 of the Law on Marriage and Family 2014, in case there are no grounds to prove that the property in dispute between husband and wife is the separate property of each party, such property shall be considered as common property. .
The dowry will be separate property if the wife has grounds to prove that the property was given to her by her parents. If it cannot be proved, the dowry will be considered marital property.
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