What do common and separate matrimonial properties include?

13:49, 11/07/2024

In the context of marriage, spouses often do not concern themselves with delineating whether assets belong jointly or individually. To them, once they are living under the same roof, all assets are considered joint property. Alternatively, they may assume that wealth created by one belongs solely to that individual. It is only when they divorce and divide assets that they realize everything does not align with their assumptions; for instance, income earned by the husband is regarded as joint property and is subject to equal division with the wife.

The following article will help everyone eliminate the aforementioned misconceptions and better understand what constitutes matrimonial property and separate property.

Property considered as common matrimonial property in Vietnam

Article 33 of the 2014 Law on Marriage and Family stipulates:

1. matrimonial property consists of assets created by either spouse, income derived from labor, productive activities, business, and investments arising from separate property and other lawful incomes during the marriage, except as provided in Clause 1 of Article 40 of the Law on Marriage and Family; particularly inherited or jointly received gifts, and assets agreed by both spouses to be joint property.

The right to use land acquired by either spouse after marriage is considered matrimonial property, except where the land is inherited, gifted, or acquired through transactions using separate property.

2. matrimonial property is jointly owned, used to meet family needs and fulfill joint obligations of the spouses.

3. In cases where the circumstances fail to demonstrate that a disputed asset between the spouses is separate property, the asset shall be considered matrimonial property.

Thus, matrimonial property during the marriage period includes the following sources:

Sources of Assets	Examples
Income from labor, productive activities, business	Salaries, scholarships, allowances, income from rewards, cultural and sports competitions, etc.
Other lawful incomes (Article 9 of Decree 126/2014/ND-CP)	Rewards, lottery winnings, subsidies. Assets acquired according to the provisions of the Civil Code related to unowned property, buried or sunken property, lost, forgotten property, and stray livestock or poultry. (See more at Section 1, Section 3, Chapter XIII of the 2015 Civil Code).
Investment returns from separate property	Dividends from shares, interest from bank deposits, etc.
Family-related transfers	Joint inheritance, joint gifts.
Non-family-related transfers	Gifts from business transactions, gifts because a business partner has accepted a transaction, etc. Gifts for social occasions like weddings, housewarming, New Year, promotions, etc.
Assets agreed upon by both spouses to be matrimonial property
Land use rights acquired after marriage, except when specifically gifted or inherited separately	If Mother A explicitly gifts a piece of land to A alone ==> the land is A's separate property. If Mother A does not specify who the land gift is for, the land is matrimonial property.
matrimonial property is jointly owned and used to satisfy family needs and fulfill joint obligations	If both spouses use joint funds to buy a car for family transportation needs ==> the car is matrimonial property.
Assets determined by statute of limitations (Article 236 of the 2015 Civil Code)
Assets disputed between spouses with no proof of separate ownership shall be considered matrimonial property

Property considered as separate matrimonial property in Vietnam

To determine assets considered as separate matrimonial property, one should refer to Article 43 of the 2014 Law on Marriage and Family:

1. Separate property of a spouse includes assets owned before marriage; assets inherited separately, or gifted separately during the marriage period; assets allocated separately to either spouse as per Articles 38, 39, and 40 of the Law on Marriage and Family; assets used to meet essential needs of the spouse, and other assets considered separate according to law.

2. Property formed from separate assets of either spouse is also their separate property. Investment returns from separate property during the marriage period are managed according to Clause 1 of Article 33 and Clause 1 of Article 40 of the Law on Marriage and Family.

Separate property includes the following:

Sources of Assets	Notes
Assets acquired before marriage	All separate assets acquired before marriage remain separate.
Assets inherited separately, gifted separately during marriage	The asset must be explicitly stated as a separate gift or inheritance for either spouse.
Personal belongings and devices, except jewelry and valuable items exceeding the family's regular income	If the wife owns a ring worth 20 million, whereas the family's regular income does not exceed 10 million/month, the ring shall be considered a marital asset.
Property rights related to intellectual property	Royalties, remuneration, and other material benefits from the exploitation of intellectual property rights are the separate assets of either spouse.
Assets allocated due to the division of joint property during the marriage according to Articles 38, 39, 40 of the 2014 Law on Marriage and Family
Assets privately owned by either spouse according to court judgments or decisions of competent authorities
Allowances and benefits received by either spouse as per laws regarding preferential treatment of people with meritorious services to the revolution
Personal rights-related property	For example, compensation for damages due to an accident.

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- The legal regulations in this article are according to Vietnamese Law;
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