Husband Absent from Place of Residence, Wife Incapable of Civil Conduct: Who Will Manage the Assets?
Husband absent from place of residence, wife loses civil act capacity – who will manage the property?
Pursuant to Article 65 of the 2015 Civil Code Management of the assets of a person who is absent from their place of residence as follows:
- Upon the request of a person with related rights and interests, the Court shall assign the assets of the absent person to the following persons for management:
a) For assets that have been authorized for management by the absent person, the authorized person shall continue to manage them;
b) For common assets, they shall be managed by the remaining co-owner;
c) For assets being managed by the spouse, the spouse shall continue to manage them; if the spouse dies or loses civil act capacity, has difficulty in perception, behavior control, or is restricted in civil act capacity, the adult child or the parents of the absent person shall manage them.
- In the absence of the persons specified in clause 1 of this Article, the Court shall appoint one of the absent person’s relatives to manage the assets; if there are no relatives, the Court shall appoint another person to manage the assets.
Thus, according to current regulations, if your brother has left his place of residence while your sister-in-law has lost civil act capacity, the authorized person shall continue to manage the assets. In the absence of an authorized person, the assets shall be entrusted to your relatives.
How long does a person need to be absent from their place of residence before the Court can be requested to issue a search notice?
Pursuant to Article 64 Request for notice of search for a person who is absent from their place of residence and management of their assets:
When a person has been missing continuously for 6 months or more, the persons with related rights and interests have the right to request the Court to issue a search notice for the person absent from their place of residence in accordance with the law on civil proceedings and may request the Court to apply measures to manage the assets of the absent person as prescribed in Article 65 of this Code.
Regarding the fact that your brother has been away from his hometown for more than 6 months, it falls under the case where a search notice for the person absent from their place of residence may be requested from the court.
Respectfully!
