In all cases, is common property of husband and wife is divided equally upon divorce in Vietnam?

In all cases, is common property of husband and wife is divided equally upon divorce in Vietnam?

My husband and I got married ten years ago, now our feelings have seriously broken and cannot be reconciled, so we both decided to go to court for divorce. But until now, the settlement has not been completed because there is a dispute over the common property of the couple. I wanted to split it in half, and he just wanted to give me a part because I was only a housewife and all property was made by him. But according to my understanding of the law, this property must be divided equally. Is it right?

Reply:

According to the current law, upon divorce, in case the husband and wife's property regime is prescribed by law, the settlement of property shall be agreed upon by the parties; If an agreement cannot be reached, at the request of the husband, wife or husband and wife, the Court shall settle it in accordance with the provisions of the Law on Marriage and Family 2014.

Or, where the property regime of the husband and wife is agreed upon, the settlement of property upon divorce shall be applied according to that agreement; if the agreement is not complete and clear, the provisions of the Law on Marriage and Family 2014 shall apply to resolve.

According to the provisions of Clause 2, Article 59 of the Law on Marriage and Family 2014, common property shall be divided into two, taking into account the following factors:

a/ Circumstances of the family, husband and wife;

b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

d/ Each spouse’s faults in the infringement of spousal rights and obligations.

Thus: Based on the provisions cited above, in principle the common property of husband and wife is divided in half. However, it is necessary to take into account other factors (cited above) in order to divide the joint property of husband and wife in Vietnam.

Synonyms: Not all cases, upon divorce, the common property as well as husband and wife is divided equally between the husband and wife. But based on many other practical factors, the Court may decide that the spouses are entitled to a larger share of the property in Vietnam.

You base the above regulations and analysis to apply to your actual situation in Vietnam.

What is the guide to determining the separate property of husband and wife during marriage in Vietnam?

My wife and I have been living together for 1 year, but recently there have been many conflicts, my wife has also come to her mother-in-law's house for 4 months. Now we are going to divorce court. But during the time of living together, we also created a lot of assets, so I still don't know how to determine the separate property of husband and wife during the marriage period? So look forward to receiving guidance from you.

Reply:

Article 43 of the Law on Marriage and Family 2014 stipulates that the separate property of husband and wife during their marriage is regulated 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.

- The 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, specifically:

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.

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.

At the same time, this issue is also guided by Article 11 of Decree 126/2014/ND-CP in determining other separate property of husband and wife in accordance with the law:

1. The economic right to intellectual property objects as prescribed by the law on intellectual property.

2. Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency.

3. Allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse.

Can children interfere in the common property of parents during divorce in Vietnam?

It's been 4 years since my parents divorced, but the division of property has not been completed yet. The plaintiff is my father, the defendant is my mother. I would like to ask:

1. Do I have the right to interfere with my parents' property that was shared before I turned 18?

2. And for the common property of parents, after the parents divorce, if one of the two has transferred the name to another person on the document, it must have my signature right?

Reply:

Article 33 of the Law on Marriage and Family 2014 stipulates: 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...

General principles on the property regime of husband and wife according to Clause 1, Article 29 of the Law on Marriage and Family 2014: Husband and wife have equal rights and obligations in the creation, possession, use and disposition of their common property without discrimination between housework labor and income-generating labor.

Thus, according to this regulation in Vietnam, your parents are co-owners of the property acquired during the marriage, in principle that property will be divided in half when divorced. You do not have right to dispose of that property, so whether you are 18 years old or not does not affect the division of property as well as you have no right to interfere in the transfer of your parents to another person.

Best Regards!