21/07/2022 10:48

Division of house upon divorce: Are you still entitled to stay until you receive the difference in Vietnam?

Division of house upon divorce: Are you still entitled to stay until you receive the difference in Vietnam?

When a couple has decided to divorce, it is normal for the party who is not entitled to own the house to move to another place. However, in reality, for objective and subjective reasons, there are many cases where the spouses do not have a place to live, or cannot find a new place to live. So how do solve it when the spouse has to carry the luggage out of the house and they have nowhere to stay? Can they stay in the “shared house” and if so, how long will they stay?

The Judgment 13/2018/HNGĐ-PT  dated May 7, 2018 on the common property dispute of the People's Court of Hai Duong province has the following content:

“Mrs. Mai Thi T and Mr. Vu Van D got married in 1977 and registered their marriage. However, after getting married in 1977, the couple lived together for a short time, when a conflict arose. Ms. T and Mr. D have been separated for a long time and no longer have feelings, so Ms. T filed a lawsuit for divorce, Mr. D agreed. Ms. T and D both determined that the husband and wife's common property includes an area of ​​123.2m2 of residential land, address L street, T ward, H city, Hai Duong province, there is a three-storey reinforced concrete roof on the land.

When divorcing, the grandparents proposed to divide the common property of the husband and wife in half. Ms. T's point of view: she agreed to receive in kind or cash, but if she received cash, she asked to do it immediately; and Mr. D asked to receive in kind, but he did not have the cash to pay the difference for Mrs. T."

The trial panel made a decision: allocating the house and land to Mrs. T for use, Mrs. T is responsible for paying Mr. D the value of the house and land in cash. However, the Court will decide for Mr. D to stay on the house and land until Ms. T has finished paying Mr. D.

Regarding the right of residence, the Law on Marriage and Family 2014 has the following provisions:

Article 63. Right of residence of spouses upon divorce

If a house under separate ownership of a husband or wife has been put into common use, it will still be owned by that person upon divorce; in case a spouse has difficulty in accommodation, he or she is entitled to stay for a period of 06 months. months from the date of termination of the marriage relationship, unless otherwise agreed by the parties.

After the divorce, if the non-owning party has not yet arranged another place to live, the court will set a time for the person living there to be allowed to stay for a certain period of time. According to the provisions of Article 63 of the Law on Marriage and Family, this period is up to 6 months from the date of termination of the marriage relationship, unless otherwise agreed by the parties.

However, according to the content of the above judgment, we can see that the Trial Panel decided to let Mr. D stay on the house and land until Ms. T finished paying Mr. D. If the time Ms. T finished paying Mr. D is more than 6 months, then Mr. D can stay in the house for more than 6 months? What about the case that Ms. T can pay Mr. D immediately, although it has not been 6 months, Mr. D will not be allowed to continue to reside? Does this violate the law on marriage and family?

I think that the People's Court of Hai Duong city and the People's Court of Hai Duong province should make a more specific judgment about how many months Mr. D's stay is to ensure the interests of Mr. D and Mrs. T.

In conclusion, it can be seen that in case a spouse has difficulty in accommodation, he or she is entitled to stay for a period of 6 months from the date of termination of the marriage relationship unless otherwise agreed by the parties. This stay needs to be recorded by the Court for a specific period of time to ensure the interests of both parties. Avoid the case when one party has completed the refund of the difference but the recipient is still having difficulty finding a new place to live, staying too little, or where the person stays for too long, affecting the benefits. the receiving party.

Thu Linh
80


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