Is the interest of ACB bank in Vietnam a common property or a separate property of my wife?
Please ask, me and my wife are in the process of divorce. My wife has saved 500 million (separate property), deposited at ACB bank. So I want to ask if that interest is the common property or my wife's separate property? Because usually my wife withdraws that profit to spend for the family.
Is the interest of ACB bank in Vietnam a common property or a separate property of my wife?
Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014 provides for common property 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.
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.
Also according to Article 10 of Decree 126/2014/ND-CP showing:
1. Yields from separate property of a spouse means natural produces he/she gains from his/her separate property.
2. Profits from separate property of a spouse means the profits he/she earns from the exploitation of his/her separate property.
Thus, if the two of you do not agree otherwise, the amount of interest deposited at ACB will be the common property of husband and wife in Vietnam.
Best Regards!
