Is the property acquired after separation considered common property of husband and wife according to the law of Vietnam?

Is the property acquired after separation considered common property of husband and wife according to the law of Vietnam?

My husband and I got married in 2017, but due to conflicts, we have been living separately since 2017. After the separation, my husband started cohabiting with another woman and bought an apartment. Now I want to get a divorce, so I would like to know how the apartment will be divided.

Answer:

According to  Clause 1, Article 33 of the Law on Marriage and Family 2014, 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.

Therefore, if you and your husband are living separately, the property formed during the marriage is common property of husband and wife according to the law of Vietnam.

*Case: The apartment was purchased with the money of the person cohabiting with your husband.

In this case, the apartment belongs to the separate ownership of that person.

*Case: The apartment was purchased with the contribution of your husband.

Then a part of the apartment is jointly owned by you and your husband.

Therefore, when getting divorce, this apartment will be divided into two parts. You and your husband will receive one part, and the person cohabiting with your husband will receive one part.

The value of the share received is determined based on the contribution ratio.

Is the property acquired after separation considered common property of husband and wife according to the law of Vietnam? (Image from the Internet)

Does separation from husband for nearly 7 years terminate the marital relationship according to the law of Vietnam?

Due to an unsatisfactory married life, my husband and I have been living separately for nearly 7 years. Can my marriage with my husband be considered terminated? We have not filed for divorce. I hope you can provide clarification. Thank you!

Minh Yen - Long An

According to the provisions of the Law on Marriage and Family 2014, there are only two cases in which a marriage is considered terminated:

- Divorce

- Marriage terminated as a spouse is dead or declared to be dead by court.

You have been living separately from your husband for nearly 7 years without going to Court for divorce, so your marriage with your husband has not been terminated. As the marriage relationship has not been terminated, you and your husband are still considered legally married.

Can child support be demanded after separation according to the law of Vietnam?

My wife left, leaving the children for me to raise since 1988 until now.. We are divorced, can I demand that my wife contribute to the cost of raising the children in the past?

Answer:

According to the Law on Marriage and Family 2014, when divorcing, the father or mother who does not directly take care of the minor children or the children who have reached adulthood but are disabled, incapacitated in civil acts, unable to work, and do not have the means to support themselves, has the obligation to provide support for the children. You can request the court to resolve this issue when filing for divorce. However, the law only stipulates the obligation to provide support in cases where the divorce has been granted by the court, and there is no provision that obliges one party to bear the cost of raising the children during the period of marriage before divorce. Therefore, your desire cannot be resolved.

Best Regards!