What are common property and separate property of husband and wife?
17/06/2021 06:07
I. Basis legal
- Law on marriage and family 2014
- Decree 126/2014/ND-CP detailing a number of articles and measures for implementation of the law on marriage and family
II. Contents
*The determining way is a common property of husband and wife in the marriage
Based on article 33 of the law on marriage and family: 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.
When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.
*The determining way is a separate property of husband and wife in the marriage
Based on article 43 of the law on marriage and family: Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.
Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
- Law on marriage and family 2014
- Decree 126/2014/ND-CP detailing a number of articles and measures for implementation of the law on marriage and family
II. Contents
*The determining way is a common property of husband and wife in the marriage
Based on article 33 of the law on marriage and family: 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.
When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.
*The determining way is a separate property of husband and wife in the marriage
Based on article 43 of the law on marriage and family: Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.
Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.
With a team of experienced lawyers in the work, there are responsibilities for customers. Dai An Phat law always provides litigious service to handle cases, dispute resolution about marriage and family; inherit; land…
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