Private property is always a problem that needs to be clearly defined in the marital relationship of husband and wife and is detailed in the Marriage and Family Law 2014, specifically:
Private property is always a problem that needs to be clearly defined in the marital relationship of husband and wife and is detailed in the Marriage and Family Law 2014, specifically:
- Which property is the private property of a spouse? "
According to Article 43 of the Marriage and Family Law, the husband and wife own property:
"first. Personal 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. "
- Rights and obligations of husband and wife's private property
+ Article 44 of the Marriage and Family Law stipulates the right to own, use and dispose of private property: “Husband and wife have the right to possess, use and dispose of their own property; entering or not importing separate property into common property ……. ”
+ Article 45 of the Marriage and Family Law stipulates that spouses have the following separate property obligations:
"first. Obligations of each spouse before marriage;
2. Obligations arising from the possession, use and disposition of separate properties, except where the obligations arise in the preservation, maintenance and repair of separate properties of husband and wife according to the provisions of Clause 4. Article 44 or the provisions of Clause 4, Article 37 of this Law;
3. Obligations arising from transactions established and performed by one party not for the family's needs;
4. Obligations arising from law-breaking acts of husband and wife. "
- Notarized Document of commitment of private property of wife, husband:
In addition to the properties prescribed by law as private property as above, for other property, the couple can also agree to be private property.
The documents of separate property commitment shall be notarized at a notary practice organization according to the provisions of law.
For more specific advice, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Limited Law Company for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Private property is always a problem that needs to be clearly defined in the marital relationship of husband and wife and is detailed in the Marriage and Family Law 2014, specifically:
- Which property is the private property of a spouse? "
According to Article 43 of the Marriage and Family Law, the husband and wife own property:
"first. Personal 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. "
- Rights and obligations of husband and wife's private property
+ Article 44 of the Marriage and Family Law stipulates the right to own, use and dispose of private property: “Husband and wife have the right to possess, use and dispose of their own property; entering or not importing separate property into common property ……. ”
+ Article 45 of the Marriage and Family Law stipulates that spouses have the following separate property obligations:
"first. Obligations of each spouse before marriage;
2. Obligations arising from the possession, use and disposition of separate properties, except where the obligations arise in the preservation, maintenance and repair of separate properties of husband and wife according to the provisions of Clause 4. Article 44 or the provisions of Clause 4, Article 37 of this Law;
3. Obligations arising from transactions established and performed by one party not for the family's needs;
4. Obligations arising from law-breaking acts of husband and wife. "
- Notarized Document of commitment of private property of wife, husband:
In addition to the properties prescribed by law as private property as above, for other property, the couple can also agree to be private property.
The documents of separate property commitment shall be notarized at a notary practice organization according to the provisions of law.
For more specific advice, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Limited Law Company for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
