Pursuant to Clause 1, Article 43 of the Law on Marriage and Family 2014 stipulates as follows:
Article 43. Property of husband and wife
1. The personal property of a husband and wife includes assets that each person had before marriage; assets inherited separately, donated separately during the marriage; assets divided separately between husband and wife as prescribed in Articles 38, 39 and 40 of this Law; assets serving the essential needs of the husband and wife and other assets under the provisions of law that are the private property of the husband and wife.
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.
Except in cases where the husband and wife have agreed to merge their own assets, which are the wife's land use rights, into the common property of the husband and wife as prescribed in Clause 1, Article 46 of the Law on Marriage and Family 2014.
Pursuant to Clause 1, Article 62 of the Law on Marriage and Family 2014 stipulates as follows:
Article 62. Sharing land use rights of couples when divorcing
1. The right to use land is the property of which party it is, but when divorced, it still belongs to that party.
2. The division of land use rights as common property of a husband and wife upon divorce is carried out as follows:
a) For agricultural land for annual crops and aquaculture, if both sides have a need and have conditions for direct land use, it shall be divided according to the agreement of both sides; if the agreement cannot be reached, the Court shall be required to resolve the matter according to the provisions of Article 59 of this Law.
In case only one party has a need and conditions for direct land use, that party may continue to use but must pay the other party for the value of land use rights that they enjoy;
b) In case the husband and wife have the right to use agricultural land for annual crops and aquaculture in common with the household, when divorced, the husband and wife's land use rights shall be separated and divided according to the provisions of Point a of this Clause;
c) For agricultural land for perennial crops, forestry land for forestry, residential land shall be divided according to the provisions of Article 59 of this Law;
d) For other types of land, they are divided according to the provisions of the law on land.
3. In case the couple lives together but does not have the right to use the land together with the household, when divorcing, the rights of the party who does not have the right to use the land and does not continue to live together with the family shall be resolved according to the provisions of Article 61 of this Law.
Thus, the right to use the wife's inherited land if it is a separate property, when divorced, it still belongs to the wife and there is no need to divide the property of that piece of land.
If the wife's land use rights have been included in the common property according to the agreement, the property will be divided according to the provisions of Clause 2, Article 62 of the Law on Marriage and Family 2014.
