25/07/2022 10:38

Giving a house to a stepchild must have the consent of the husband in Vietnam?

Giving a house to a stepchild must have the consent of the husband in Vietnam?

In today's life, giving children houses and land is a daily occurrence. However, not every donation has the consent of both spouses, especially the gift of a stepchild. So when one party does not agree to donate, can the other party continue to perform?

Here is a typical case of giving a house to a stepchild, specifically:

Judgment 04/2017/HNGĐ-ST dated May 7, 2017 of the People's Court of Don Duong district for the first-instance public hearing of the case about the dispute over the division of common property during the marriage period between the plaintiff Ms. Phan Thi Thu C and defendant Mr. Tran The D.

Currently, Ms. Phan Thi Thu C and Mr. Tran The D are legally husband and wife.

Before 2006, Ms. C and Mr. Truong Dac Th were husband and wife, but divorced in 2006. When they divorced, she and Mr. Th agreed to divide the house and the land at 11 Nguyen Van Troi - Thanh My is the common property between her and Mr. Th during the marriage. According to the agreement after the divorce, she received the house and land.

In 2007, she married Mr. Tran The D, with marriage registration. Ms. C has lived with Mr. Tran The D since November 2007 until now at house number 11 Nguyen Van Troi - Thanh My. In 2008, she contacted the competent state agency to register the declaration to re-grant the land area of ​​200m2 of residential land, on the land with house number 11 Nguyen Van Troi. Currently, she wants to donate her entire property, which is the house and land area at 11 Nguyen Van Troi, to her stepdaughter with Mr. Truong Dac Th, Truong Thuy Trang.

But, because the land area above she was registered and re-issued in 2008, this time she and Mr. Tran The D are legally husband and wife, so the donation procedure requires Mr. D's consent. She repeatedly persuaded Mr. D to come to the Notary Office to sign papers to give to Truong Thuy Trang, but Mr. D did not agree.

Therefore, she proposed the Court to divide the common property during the marriage between her and Mr. D and asked the Court to settle and recognize the house and land area at 11 Nguyen Van Troi - Thanh My as separate property. hers during her marriage to Mr. Tran The D.

The People's Court of Don D district has applied Article 33 of the Law on Marriage and Family, determining that the house and land area at 11 Nguyen Van Troi are the private property of Mrs. Tran The D.

Compared with the provisions of Article 33 of the Law on Marriage and Family of Vietnam as follows:

Article 33. 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 the 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.

Ms. C registered the land use right in 2008, according to the law, this is the property formed during the marriage between Mrs. C and Mr. D. When performing transactions related to this land, it requires Mr. D's consent is required. However, in this case, the house and land at 11 Nguyen Van Troi are the property of Mrs. C after her divorce from her ex-husband. During the time of cohabitation between Mrs. and Mr. D, they did not renovate, modify or upgrade the house and land area. She completely has grounds to prove that this house and land are her own property.

Ms. C has been recognized by the court as the land and the house on the land as private property, so Ms. C has the right to possess, use and dispose of her own property. She can completely give this property to her daughter without her husband's consent.

In conclusion, when a spouse wants to give property to another person, even without the consent of the other person, but if it is proved that the property is his/her own property, the donor will completely has the right to dispose of that property.

Thu Linh

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