In Vietnam, if husbands/wifes sell their property separately during marriage period, will the income become common property? Are dug antiques considered as common property of husband and wife?
In Vietnam, if husbands/wifes their property separately during marriage period, will the income become common property? In Vietnam, are dug antiques considered as common property of husband and wife? In Vietnam, is the lost money, that the wife picks up, separate property or common property of husband and wife?
In Vietnam, if husbands/wifes their your property separately during marriage period, will the income become common property?
My name is Lan. I've been married for 5 years. Before I got married, my parents gave me an estate. If I sell it now, will the income become common property of me and my husband?
Answer:
Pursuant to Article 43 of the Law on Marriage and Family in 2014 stipulating separate property of husband and wife in Vietnam as follows:
- 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.
- 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 in 2014 stipulating common property of husband and wife in Vietnam as follows:
- 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.
As regulations above, in your case, if there is no other agreement on division of separate property, the money from the sale of your estate during the marriage period will become the common property of you and your husband.
In Vietnam, are dug antiques considered as common property of husband and wife?
If the husband digs up antiques, which are not historical or cultural artifacts and allowed to establish ownership, will those antiques be the common property of the husband and wife or the husband's separate property?
Answer:
Pursuant to Article 33 of the Law on Marriage and Family in 2014 (instructed by Clause 2, Article 9 of the Decree 126/2014/NĐ-CP) stipulating other lawful incomes of husband and wife in the marriage period in Vietnam as follows:
- Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3, Article 11 of this Decree.
- Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or left over out of inadvertence, stray cattle or poultry and raised aquatic animals.
As regulations above, in your case, if there is no other agreement on division of separate property, the antiques that you dig will become the common property of you and your wife.
In Vietnam, is the lost money, that the wife picks up, separate property or common property of husband and wife?
If the wife picked up the lost money and informed the authorities, is those money considered as a common property or a separate property after the time limit to get money back runs out?
Answer:
Pursuant to Clause 2, Article 9 of the Decree 126/2014/NĐ-CP stipulating other lawful incomes of husband and wife in the marriage period in Vietnam as follows:
- Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3, Article 11 of this Decree.
- Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or left over out of inadvertence, stray cattle or poultry and raised aquatic animals.
As regulations above, in your case, if there is no other agreement on division of separate property, the lost money that you pick will become the common property of you and your husband.
Best regards!
