Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014, the common property of a husband and wife is regulated as follows:
Article 33. Joint assets of a husband and wife
1. The common property of a husband and wife includes assets created by the husband and wife, income from labor, production and business activities, profits, profits arising from private property and other legal income during the marriage, except for the cases specified in Clause 1, Article 40 of this Law; assets that the husband and wife are jointly inherited or given to the husband and wife and other assets agreed upon by the husband and wife are common property.
The right to use land that the husband and wife have after marriage is the common property of the husband and wife, except in cases where the husband or wife is a separate heir, is given to them separately or is acquired through transactions in separate assets.
Accordingly, real estate property is the common property of a husband and wife when:
- Formed during the marriage period will be the common property of the husband and wife.
- Transferred, donated, inherited... together.
- dried assets but merged into common assets.
In addition, Article 59 of the 2014 Law on Marriage and Family stipulates the principle of dividing assets of a husband and wife upon divorce as follows:
Article 59. Principles for resolving couple's assets when divorcing
1. In case the property regime of the couple is according to the law, the settlement of the property shall be agreed upon by the parties; if the agreement cannot be reached, at the request of the wife, husband or the couple, the Court shall settle the matter according to the provisions of Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law.
In case the property regime of the couple is according to the agreement, the settlement of assets when divorced shall be applied according to that agreement; if the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law shall be applied for settlement.
2. The common assets of a husband and wife are divided in half but the following factors are taken into account:
a) Family and husband's circumstances;
b) The efforts of the husband and wife in creating, maintaining and developing common assets. The work of a husband and wife in a family is considered an income worker;
c) Protecting the legitimate interests of each party in production, business and employment so that the parties have the conditions to continue working to generate income;
d) Faults of each party in violating the rights and obligations of the husband and wife.
Accordingly, when determining the property as real estate in the common property of a husband and wife, it will often be divided into a couple. Then, the inheritor's share will be taken to divide the inheritance according to the provisions of law.
