Ms. T.T. A (Hanoi) wondered: "I inherited a separate piece of land in my hometown during the marriage period. Please ask, is this land identified as my private property and does my husband have any rights to this land?
Talking to Lao Dong Newspaper, lawyer Nguyen Ngoc Tu - Law Firm LawKey Co., Ltd. said that according to Article 43 of the Law on Marriage and Family in 2014, property inherited separately during the marriage period is the separate property of the spouse.
Therefore, if a person inherits land use rights only in their name according to a will or according to law, that land use right is determined to be private property.
In case husband and wife jointly inherit land use rights or the heir has a document incorporating this property into the common property of husband and wife, the land use rights will be determined as common property.
Thus, whether land use rights are defined as common property or private property does not depend on the time of marriage but depends on whether to inherit separately or jointly and the will of the parties according to the provisions of law.
