When will a wife be entitled to sell the house without the consent of her husband? In case the house is the common property in Vietnam of the husband and wife, how to transfer the house to get money for the treatment of the husband?
What is the common property in Vietnam of husband and wife?
Pursuant to Article 33 of the Law on Marriage and Family 2014 stipulates:
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.
As for the right to dispose (gift, sell, transfer...) the common property of husband and wife according to Article 35 of the Law on Marriage and Family 2014, the possession, use and disposition of common property shall be agreed by husband and wife.In addition, the disposition of the following common property shall be agreed in writing by husband and wife: Real estate; Movable assets which are required by law to be registered for ownership; Assets that are the major income-generating source for the family.
In case the house is the common property of the husband and wife, how to transfer the house to get money for the treatment of the husband? (Image from the Internet)
Vietnam: When will a wife be entitled to sell the house without the consent of her husband?
According to Article 43 of the Law on Marriage and Family 2014, the separate property of husband and wife is as follows:
"Article 43. 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.
As for the right to dispose of separate property of husband and wife, a spouse has the right to possess, use and dispose of his/her separate property. However, when yields or profits from separate property of a spouse constitute the family’s sole livelihood, the disposition of such property is subject to the other spouse’s consent.
With the above provisions, in case the house is your separate property, you have the right to dispose of it without the consent of your husband.
Vietnam: In case the house is the common property of the husband and wife, how to sell the house to get money for the treatment of the husband?
In case that house is the common property of husband and wife, you must make an application to the court of the place where your family is residing to declare that your husband has lost his civil act capacity as prescribed in Article 22 of the Civil Code 2015 and decide that you are the natural guardian according to the provisions of Clause 1, Article 53 of the Civil Code 2015, specifically as follows:
"Article 22. Lack of legal capacity
1. A court shall, based on the opinion of forensic-psychiatric examination by any authorized organization and at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a legally incapacitated person who as a result of his/her mental or other illnesses cannot realize or conduct his/her actions.
Where the basis on which a person has been declared incapacitated no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.
2. All civil transactions of a legally incapacitated person shall be established and performed by his/her legal representative.
...
Article 53. Natural guardians of incapacitated persons
If there is no guardian prescribed in Clause 2 Article 48 of this Code, the natural guardian of a legally incapacitated person shall be determined as follows:
1. If a wife is a legally incapacitated person, her husband shall be the guardian; if a husband is a legally incapacitated person, her wife shall be the guardian;
..."
Thus, after the above decision of the court, you can transfer that house to get money for your husband's medical treatment.
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