In Vietnam, buying land first ends, but only then is issued a red book, is it a common property or a separate property?

In Vietnam, buying land first ends, but only then is issued a red book, is it a common property or a separate property?

Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014, the common property of husband and wife is as follows:

1. Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes in the family. the marriage period, except for the cases specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property that husband and wife agree is common property.

Land use rights acquired by husband and wife after marriage are the common property of husband and wife, except for cases where the spouses are separately inherited, given separately or acquired through transactions with separate property.

Pursuant to Article 43 of this Law on Marriage and Family 2014 provides for separate property of husband and wife:

1. Separate property of husband and wife includes property that each person has before marriage; separately inherited property, given separately during the marriage; property to be divided separately between husband and wife according to the provisions of Articles 38, 39 and 40 of this Law; property serving the spouse's essential needs and other property which, as prescribed by law, belongs to the husband and wife separately.

2. Property formed from the separate property of husband and wife is also the separate property of husband and wife. Yields and profits arising from separate property during the marriage period shall comply with the provisions of Clause 1, Article 33 and Clause 1, Article 40 of this Law.

Pursuant to Clause 4, Article 59 and Clause 1, Article 62 of the Law on principles of property settlement upon divorce:

Article 59. Principles of property settlement of husband and wife upon divorce

4. Separate property of a husband and wife is under their ownership, except for cases where separate property has been merged into common property according to the provisions of this Law.

In the event of a merger or amalgamation of separate property with common property and the husband and wife have a request for property division, they shall be paid the value of their property's contribution to that property, except for if the spouses have other agreements.

Article 62. Division of land use rights of husband and wife upon divorce

1. The right to use land is the private property of any party, when divorced, it still belongs to that party.

Considering the time you receive the transfer, the money you buy is your own property, when you receive the land use right transfer, you are single, so this is determined to be your separate property that you had before you registered your marriage. . In addition, in order to prove that it is separate property before marriage, you need to show the land use right transfer contract, the receipt of money at the time of receiving the transfer if paying in cash, a bank statement if paying in cash. payment by bank transfer.

In Vietnam, how is the principle of handling property of husband and wife upon divorce?

Pursuant to Article 59 of the Law on Marriage and Family 2014 stipulates the principles of property settlement of husband and wife upon divorce as follows:

1. In the case of the husband and wife's property regime as prescribed by law, the settlement of property shall be agreed upon by the parties; if no agreement can be reached, at the request of the spouses or husband and wife, the Court shall settle the settlement according to the provisions of Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law.

In case the husband and wife's property regime is agreed upon, the property settlement upon divorce shall be applied according to such agreement; if the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law shall apply to settle the matter.

2. Common property of husband and wife is divided in half, taking into account the following factors:

a) Circumstances of the family and of the husband and wife;

b) Contribution of husband and wife to the creation, maintenance and development of common property. Labor of husband and wife in the family is considered as income labor;

c) Protect the legitimate interests of each party in production, business and profession so that the parties have conditions to continue working to generate income;

d) The fault of each party in violating the rights and obligations of husband and wife.

3. The husband and wife's common property shall be divided in kind, if it cannot be divided in kind, it shall be divided according to its value; which party receives a portion of the property in kind with a value greater than its share, must pay the other party the difference.

4. Separate property of a husband and wife is under their ownership, except for cases where separate property has been merged into common property according to the provisions of this Law.

In the event of a merger or amalgamation of separate property with common property and the husband and wife have a request for property division, they shall be paid the value of their property's contribution to that property, except for if the spouses have other agreements.

5. Protecting the lawful rights and interests of wives, minor children and adult children who have lost their civil act capacity or are unable to work and have no property to support themselves.

6. The Supreme People's Court shall assume the prime responsibility for, and coordinate with the Supreme People's Procuracy and the Ministry of Justice in, guiding this Article.

Best regards!