If I sell my separate property during our marriage period, will it become common property in Vietnam?
My name is Lan, my husband and I have been married for 5 years, but before we got married, my parents gave me a piece of land. I want to ask if I sell the land now, will the money from the sale of that land become the common property of my husband and I?
If I sell my separate property during our marriage period, will it become common property in Vietnam?
Pursuant to Article 43 of the Law on Marriage and Family 2014, separate property of husband and wife is as follows:
1. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.
2. Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.
Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014, common property of husband and wife is as follows:
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 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.
Thus, compared to your case, if there is no other agreement on division of separate property, the money from the sale of your land during the marriage will become the common property of the husband and wife in Vietnam.
Best Regards!
