Is land given by parents to their married daughter considered as separate property in Vietnam? Do properties during cohabitation have to be divided in half in Vietnam?

Is land given by parents to their married daughter considered as separate property in Vietnam?

I have a daughter who has been married for 1 year. Now I want to give him a piece of land to save, I don't know if it will be considered her separate property or not?

Reply:

According to Article 43 of the Law on Marriage and Family 2014, regulations on separate property of husband and wife are 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.

Thus, in the case of parents gifting private land to their child, even though the child is married at this time, it is still considered separate property when you gives it to your daughter in Vietnam. Therefore, you can rest assured to complete the donation procedure.

Is land given by parents to their married daughter considered as separate property in Vietnam? Do properties during cohabitation have to be divided in half in Vietnam? (Image from the Internet)

Do properties during cohabitation have to be divided in half in Vietnam?

I know that when a husband and wife divorce, they usually divide their assets 50/50. So, if a man and a woman cohabitate and consider each other husband and wife, will their assets be divided in half when they break up?

Reply:

Pursuant to Clause 1, Article 16 of the Law on Marriage and Family 2014 stipulates as follows:

Settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration

1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

Therefore, cohabitation will not form a marital relationship between husband and wife. Therefore, assets in this case are divided according to agreement and handled according to civil law in Vietnam. That is, if a dispute arises, the parties must prove what their assets are. If they cannot agree, they can file a civil lawsuit over this type of dispute.

Is it mandatory to have separate assets of husband and wife before marriage in Vietnam? 

I would like to ask, according to current legal regulations on marriage and family, is it mandatory to have separate assets of husband and wife before marriage?

Reply:

Pursuant to Article 43 of the Law on Marriage and Family 2014, regulations on separate property of husband and wife are 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.

Thus, it is not only the separate properties of husband and wife that are required to be acquired before marriage, but also assets that are inherited separately, given separately during the marriage period, and other cases that have already been established. The above is still considered the separate property of the couple.

Best regards!