What are the regulations on settlement of common property between couple cohabiting as husband and wife without marriage registration in Vietnam?

What are the regulations on settlement of common property between couple cohabiting as husband and wife without marriage registration in Vietnam?  (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the regulations on settlement of common property between couple cohabiting as husband and wife without marriage registration in Vietnam?

According to Article 14 of the Law on Marriage and Family 2014, regulations on settlement of consequences of men and women cohabiting as husband and wife without marriage registration are as follows:

- A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of the Law on Marriage and Family 2014.

- For a man and woman who cohabit as husband and wife under regulations above and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.

Article 16 of the Law on Marriage and Family 2014 stipulates the settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration as follows:

-  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.

- The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

Thus, according to the above regulations, a man and a woman live together as husband and wife without registering their marriage, so it does not give rise to rights and obligations between husband and wife. Property relations will be resolved according to the agreement between the parties; if there is no agreement, they will be resolved according to the provisions of the Civil Code and other relevant laws.

2. What are the regulationso on dividing common property between couple cohabiting as husband and wife without marriage registration in Vietnam?

Pursuant to Article 219 of the Civil Code 2015, division of multiple ownership property in Vietnam is as follows:

-  Where multiple ownership property is divisible, each owner has the right to request the property to be divided.

If the property must be maintained within a certain period of time as agreed by all owners or as prescribed by law, each owner only has the right to request the property to be divided upon expiry of that period.

Where the property is not able to be divided in kind, it shall be valued in terms of money for the purposes of division, unless otherwise agreed.

- Where a person requests one of the owners of multiple ownership property to fulfill a payment obligation and such owner does not have private property or sufficient private property to make the payment: 

The requesting person has the right to request that the multiple ownership property be divided in order to receive monetary payment and such person shall be entitled to participate in the division of the property, unless otherwise provided by law.

If the shares of ownership rights are not able to be divided in kind or if such a division is opposed by the remaining owners, the requesting person has the right to request the owner with the obligation to sell to sell its share of ownership rights in order to fulfill the payment obligation.

Thus, property will be resolved according to the principle:

- Someone's private property still belongs to that person.

- Common property is divided according to the agreement of the parties; if no agreement can be reached, request the Court to resolve. The settlement of property relations must ensure the legal rights and interests of women and children. Housework and other work related to maintaining a common life are considered paid labor.

Nguyen Ngoc Que Anh

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