The division of property when divorced is a problem that many couples are interested in. Therefore, the following article will provide you a full read of the legal provisions on this issue:
The division of property when divorced is a problem that many couples are interested in. Therefore, the following article will provide you a full read of the legal provisions on this issue:
I. Law provisions on spousal property.
The 2014 Law on Marriage and Family stipulates:
Common property of husband and wife (Article 33)
1. Common property of husband and wife includes properties created by husband and wife, income generated by labor, production and business activities, yields, profits arising from separate properties and other lawful incomes in marriage period, except for the case specified in Clause 1, Article 40 of this Law; property inherited by the couple or given together and other property agreed upon by husband and wife is common property.
The land use right acquired by a spouse after marriage is the common property of the husband and wife, except where the spouse is individually inherited, gifted to, or acquired through transactions with separate property.
3. In cases where there is no ground to prove that the property under dispute between husband and wife is separate property of each party, such property shall be regarded as common property.
(Other lawful income of a spouse during the marriage period, yields and profits arising from the spouse's separate properties are specified in Article 9 and Article 10 of Decree 126/2014 / ND- CP)
Private property of a spouse (Article 43)
1. Separate property of a spouse includes property that each person has before marriage; property inherited separately or given away exclusively in the marriage period; property divided between spouses as prescribed in Articles 38, 39 and 40 of this Law; properties serving the essential needs of the spouse and other properties which, according to law provisions, are separately owned by the spouse.
2. Property formed from separate property of a spouse is also the separate property of a spouse. Yields and profits arising from separate properties during the marriage period shall comply with the provisions of Clause 1, Article 33 and Clause 1, Article 40 of this Law.
II. Principles of settlement and division of property upon divorce
When divorced, husband and wife have the right to negotiate with each other about the division of property. Where husband and wife cannot reach agreement but they are required, the Court must consider and decide on the application of the husband and wife's property regime according to agreement or according to law, depending on each specific case.
The common property of husband and wife is divided in half but takes into account the following factors:
a) The situation of the family and of the spouse;
b) Contribution of husband and wife to the creation, maintenance and development of common property. Labor of wife and husband in the family is regarded as a labor with income;
c) To protect the legitimate interests of each party in production, business and occupation so that the parties can continue working for income generation;
d) Each party's fault violates the husband and wife's rights and obligations.
2. The common property of husband and wife is divided in kind, if in kind cannot be divided in value; the party receiving the property in kind with a value greater than the part he / she is entitled to shall pay to the other party the difference.
3. The personal property of a spouse is under his / her ownership, except where the separate property has been merged into common property in accordance with this Law.
In case of merger or mixing of separate property and common property, which the husband and wife request for division of property, they shall be paid for the value of their property contributed to that block, except for the school. where the husband and wife have other agreements.
4. To protect the legitimate rights and interests of wives, minor children, adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
(Prescribed in Article 59 of the Marriage and Family Law 2014, specifically guided by Article 7 of Joint Circular 01/2016 / TTLT-TANDTC-VKSNDTC)
-BTP)
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD- DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
The division of property when divorced is a problem that many couples are interested in. Therefore, the following article will provide you a full read of the legal provisions on this issue:
I. Law provisions on spousal property.
The 2014 Law on Marriage and Family stipulates:
Common property of husband and wife (Article 33)
1. Common property of husband and wife includes properties created by husband and wife, income generated by labor, production and business activities, yields, profits arising from separate properties and other lawful incomes in marriage period, except for the case specified in Clause 1, Article 40 of this Law; property inherited by the couple or given together and other property agreed upon by husband and wife is common property.
The land use right acquired by a spouse after marriage is the common property of the husband and wife, except where the spouse is individually inherited, gifted to, or acquired through transactions with separate property.
3. In cases where there is no ground to prove that the property under dispute between husband and wife is separate property of each party, such property shall be regarded as common property.
(Other lawful income of a spouse during the marriage period, yields and profits arising from the spouse's separate properties are specified in Article 9 and Article 10 of Decree 126/2014 / ND- CP)
Private property of a spouse (Article 43)
1. Separate property of a spouse includes property that each person has before marriage; property inherited separately or given away exclusively in the marriage period; property divided between spouses as prescribed in Articles 38, 39 and 40 of this Law; properties serving the essential needs of the spouse and other properties which, according to law provisions, are separately owned by the spouse.
2. Property formed from separate property of a spouse is also the separate property of a spouse. Yields and profits arising from separate properties during the marriage period shall comply with the provisions of Clause 1, Article 33 and Clause 1, Article 40 of this Law.
II. Principles of settlement and division of property upon divorce
When divorced, husband and wife have the right to negotiate with each other about the division of property. Where husband and wife cannot reach agreement but they are required, the Court must consider and decide on the application of the husband and wife's property regime according to agreement or according to law, depending on each specific case.
The common property of husband and wife is divided in half but takes into account the following factors:
a) The situation of the family and of the spouse;
b) Contribution of husband and wife to the creation, maintenance and development of common property. Labor of wife and husband in the family is regarded as a labor with income;
c) To protect the legitimate interests of each party in production, business and occupation so that the parties can continue working for income generation;
d) Each party's fault violates the husband and wife's rights and obligations.
2. The common property of husband and wife is divided in kind, if in kind cannot be divided in value; the party receiving the property in kind with a value greater than the part he / she is entitled to shall pay to the other party the difference.
3. The personal property of a spouse is under his / her ownership, except where the separate property has been merged into common property in accordance with this Law.
In case of merger or mixing of separate property and common property, which the husband and wife request for division of property, they shall be paid for the value of their property contributed to that block, except for the school. where the husband and wife have other agreements.
4. To protect the legitimate rights and interests of wives, minor children, adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
(Prescribed in Article 59 of the Marriage and Family Law 2014, specifically guided by Article 7 of Joint Circular 01/2016 / TTLT-TANDTC-VKSNDTC)
-BTP)
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD- DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
