13/07/2022 09:38

05 judgments on division of common property during marriage in Vietnam

05 judgments on division of common property during marriage in Vietnam

The common property of a couple in marriage includes property created by the husband and wife during marriage, this property is created to meet the material and spiritual needs of husband and wife and to take care of children. However, in fact, there are many couples who want to be divided into the common property during their marriage due to conflicts in financial management or to meet their own business needs.... This division of property sometimes will lead to disputes between husband and wife. So how will the Court settle when a dispute arises?

Here are 5 judgments on disputes over the division of common property during marriage:

1. Judgment 08/2019/HNGĐ-PT dated 07/03/2019 on the dispute over division of common property during the marriage period

+ Judgment level: Appellate

+ Judicial body: People's Court of Tien Giang province

+ Summary: Mr. Pham Van C and Mrs. Nguyen Thi M lived together in 1963. The process of living together created a land area of ​​12,203m2, located in hamlet B, commune T, district C, Tien Giang province including In 1969, Mr. M accepted the inheritance from his parents, leaving him with 4000m2; In 1974, they bought 4,203m2, on this land, there is a house worth 200,000,000 VND; In 1988, they bought 4,000 square meters of road 864. Now, due to their own needs, Mr. M filed a lawsuit asking to divide the common property of husband and wife.

2. Judgment 20/2018/HNGĐ-ST dated September 27, 2018 on the requirement to divide common property during the marriage period

+ Level of trial: First instance

+ Judicial body: People's Court of Tra Vinh province

+ Summary: Mr. Quach Van C and Ms. Lu Thi Kim D established a marriage relationship in 1982. During the marriage period, a common property was created in the amount of VND 700,000,000 and deposited at the C Commercial Bank, by Mrs. D in the account holder's name. On July 25, 2016, Ms. Ward and Tien L sued him and his wife, demanding to pay the amount of $ 30,000 and request to freeze the couple's account. Mr. C thinks that the amount borrowed by Ms. D is not related to him, so he asks the Court to divide the amount of 700,000,000 VND deposited at Commercial Bank C into 2 parts, each person enjoying 350,000,000 VND.

3. Judgment 19/2019/HNGĐ-PT dated July 5, 2019 on the dispute over the division of common property during the marriage period

+ Judgment level: Appellate

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

+ Summary: Mr. Dao The ND and Ms. Kim Tuyet BD got married in 2005. Regarding the common property, Mrs. Kim Tuyet BD's parents gave her house No. 290A/41 Street A, Ward 1, District 8, Ho Chi Minh City (plank wall, tile roof). Due to the deterioration of the house, Mr. ND spent 650,000,000 VND to repair and rebuild the house and completed it in December 2015. In early 2016, he discovered that Ms. BD sold the house to Mr. Thoi Van NLQ1 for 1.7 billion VND, and Ms. BD received 1.65 billion VND. Because she voluntarily sold the house without his consent, Mr. ND filed a lawsuit with the Court.

4. Judgment 07/2018/HN-PT dated 11/01/2018 on the requirement to divide common property during the marriage period

+ Judgment level: Appellate

+ Judicial body: People's Court of Ben Tre province

+ Summary: Ms. Nguyen Thi D and Mr. Nguyen Van R voluntarily got married in 1969, and registered their marriage in 1996. After their marriage, she and Mr. R lived with their mother-in-law and were shared by their mother-in-law. her husband and wife more than 15 public lands. Including land plot No. 3585, an area of ​​1,645.8m2, but Mr. R has sold part of it, currently has 1,088.3m2, and was granted a LURC in 2014. She determined that land plot No. 3585 was the common property of her grandparents' general donation. Now she asks the Court to divide her 822.9m2 of land belonging to this parcel of 3585.

5. Judgment 21/2020/HNGĐ-PT dated 31/07/2020 on the division of common property during the marriage period

+ Judgment level: Appellate

+ Judicial body: People's Court of Nghe An province

+ Summary: Ms. Phan Thi Tr and Mr. Ngu Hong H got married in 2012. Since January 2016, the couple has lived separately due to conflicts. In the process of living together, husband and wife create a common property, including A fourth-grade house worth VND 100,000,000 built on the land of the husband and wife; Land plot No. 1371, area 239m2; Land plot number 789, area 283m2. The total value of the common property is 1,042,600 VND. Now, to ensure the life for the mother and daughter when living separately, Ms. Tr proposes to the Court to divide the common property of the husband and wife.

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