15/07/2022 10:03

05 judgments on disputes over division of property under common ownership in Vietnam

 05 judgments on disputes over division of property under common ownership in Vietnam

The common property of the household, of husband and wife, or property purchased by two or more people together,... How will the dispute determine the ownership share of each person be done? In order to serve work, study, and research, below is a summary of 05 judgments on disputes over property division under common ownership.

1. Judgment 138/2018/DS-ST dated October 10, 2018 on the dispute over the division of property under common ownership

+ Trial level: First instance.

+ Judicial Body: People's Court of Duc Hoa district, Long An province.

+ Quoting the content: “Ms. Thieu Thi N and Ms. Le Thi H have the joint use right to the property, which is the land use right at the plot of 329 with an area of ​​334m2, plot of 330 with an area of ​​200m2, with the map sheet No. 23 communes D, Đ H district, L province, soil type: Land for other annual crops. On May 24, 2018, the Civil Judgment Execution Sub-department of Duc Hoa district issued Notice No. 303 to Ms. N and Ms. H with the content for the two parties to agree on the division of common property or request the agency to The authority to determine the ownership portion of the common property is the right to use the two land plots 329 and 330 mentioned above. Because Ms. N could not find Ms. H to agree on the division of property, Ms. N filed a lawsuit to request the People's Court of Duc Hoa district to determine the part of the property owned by Mrs. N in her common property with Ms. H according to the actual measured area."

+ Result of settlement: Accepting the petition of Ms. Thieu Thi N

2. Judgment 139/2018/DS-ST dated October 12, 2018 on a dispute requesting the division of separate ownership in the common property of the household

+ Trial level: First instance.

+ Judicial Body: People's Court of Cai Lay district, Tien Giang province.

+ Quote from the content: “Ms. Nguyen Thi My H was born in 1997, the main house and outbuildings were built in 1997, so at the time of the initial construction, Ms. H had no effort to contribute anything. And both the main house and the annex were repaired in 2017, Ms. H thinks that she is the one who spends money to rebuild the main house and the annex because she has been working since she was 19, so she has money to contribute. Although Ms. H was notified by the Court of the request to hand over documents and evidence, she could not provide any evidence to prove that she had income, as well as contributed efforts to build the house. Moreover, in 2015 she gave birth to a child named Nguyen Thi My N (born on November 23, 2015), but Ms. H believes that at this time, she has no basis for making money."

+ Results of settlement: Not accepting the lawsuit claim of Ms. Nguyen Thi My H and Ms. Nguyen Thi Tuyet L about the request to divide the private ownership in the common property of the household for the main house, house subdivision on the land belonging to plot 206.

3. Judgment 182/2019/DS-PT dated March 18, 2019 on the dispute over the division of common property which is land use right

+ Level of trial: Appellate.

+ Judicial body: People's Court of Ho Chi Minh City.

+ Quoting the content: "In 2001, plaintiff Mr. Banh Ngoc D contributed money to buy 500 m2 of land out of a total of 2,118 m2 that Mr. Banh Ngoc T bought from Mr. Huynh Huu H for 330,000 VND/m2. The plaintiff contributed 165,000,000 VND, equivalent to an area of ​​500m2. Mr. Banh Ngoc D and Mr. Banh Ngoc T are siblings.

In the process of buying land, Mr. D and Mr. T have an agreement for Mr. T to represent the purchase and sale and put his name on the land use right certificate."

+ Result of settlement: Accepting the request for division of common property in parts and the request for recognition of land use rights of Mr. Banh Ngoc D for an area of ​​500m2 of land.

4. Judgment 353/2020/DS-ST dated 16/03/2020 on the dispute over property ownership and certificate cancellation

+ Trial level: First instance.

+ Judicial body: People's Court of Ho Chi Minh City.

+ Quoting the content: "Plaintiff filed a lawsuit requesting to cancel certificate CH001092 dated May 28, 2014 for Mr. Vu Anh T1, recognizing joint ownership of Company N and Mr. Vu Anh T1 for real estate 262 HVB, Ward A, District X, Ho Chi Minh City. If not cancel the application for updating and supplementing the joint ownership of Mr. T1 and Company N according to the capital contribution ratio at the time of issuance of the Certificate (Mr. T1 10%, Company N 90%)".

+ Results of settlement: Recognition of joint ownership of N Company Limited and Mr. Vu Anh T1 for real estate 262 HVB, Ward A, District X, Ho Chi Minh City under the signed capital contribution contract Notarized on June 28, 2013 at the SG Notary Office.

5. Judgment 120/2018/DS-PT dated June 8, 2018 on home ownership disputes

+ Level of trial: Appellate.

+ Judicial body: High People's Court in Ho Chi Minh City.

+ Quoting the content: "Plaintiff Tran Hoang Ngoc H sued to ask the Court to recognize the house at Cu Xa D, Ward 4, District 3, Ho Chi Minh City as an inheritance. During the first-instance trial, Mr. H changed his petition to request the Court to recognize the aforesaid house as the common property of his family and Mr. Tran Hoang Ngoc T's family, and at the same time, it is required to keep the current use of the house. Defendant Mr. Tran Hoang Ngoc T did not agree with the plaintiff's claim and made a counterclaim to force the plaintiff to move and return the 12m2 area that the plaintiff was using to his family."

+ Results of settlement: Accepting part of the claim of plaintiff Mr. Tran Hoang Ngoc H. Determining that the house at Cu Xa D, Ward 4, District 3, Ho Chi Minh City has a campus area of ​​76.25m2, construction area of ​​67.43m2 is the property jointly owned by Mr. and Mrs. Tran Hoang Ngoc T, Nguyen Thi Thuy Ng, Tran Hoang Ngoc H, Dam My Q.

Sang Nguyen
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