If the wife inherits land use rights after marriage, it is a common or separate property

Như Hạ (T/H) |

In practice, resolving inheritance disputes and family marriages, the issue of land use rights inherited after marriage always raises many questions.

Pursuant to 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.

At the same time, according to Article 46 of the Law on Marriage and Family 2014, it is stipulated as follows:

Article 46. Adding the husband and wife's private property to the common property

1. The addition of the husband and wife's own assets to the common property is done by agreement between the husband and wife.

2. Assets are included in common assets that, according to the provisions of law, transactions related to those assets must follow a certain form, then the agreement must ensure that form.

3. Obligations related to private property that have been merged into common property shall be expressed in common property, unless the couple has another agreement or the law stipulates otherwise.

Thus, after marriage, if the wife inherits land use rights, this land use right is the wife's separate property.

However, the couple can agree to merge their own assets, which are the wife's right to use the land, into the common property of the couple.

Như Hạ (T/H)
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