In addition, according to Article 33 of the Law on Marriage and Family 2014, it is stipulated 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.
Therefore, the wife's land use rights are inherited whether before marriage or after marriage, they are still considered the wife's private property.
Pursuant to Clause 3, Article 33 of the Law on Marriage and Family 2014 stipulates 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.
2. The common assets of the couple are under joint ownership, used to ensure the needs of the family and fulfill the common obligations of the couple.
3. In case there is no basis to prove that the property in dispute between the husband and wife is the property of each party, that property shall be considered common property.
Thus, in case there is no basis to prove that the inherited land that the husband or wife is in dispute is their own property, that land shall be considered common property.
