The house was bought with the savings of the couple and the support of both families. But when her husband passed away, the wife wanted to sell the house but encountered opposition from her parents-in-law. The lawyer analyzed the surrounding legal issues.
Ms. Nguyen Hong Ha (character name has been changed) in Hanoi asked: My husband and I have been married for 10 years. 5 years ago, after saving and saving, plus the support and help of both families, we bought a small apartment, registered as husband and wife.
Thinking that the family would be filled with happiness from now on, but 2 years ago my husband unfortunately suffered from a serious illness. The treatment process cost both husband and wife's savings, plus a significant debt. Even so, my husband still left, leaving me and my children behind.
After finishing my husband's work for a while, I wanted to sell the house to pay off all debts to reduce the burden and stabilize my life. But my parents-in-law did not agree to let me sell it. They said that it was their son's property, I had no right to sell it without their permission.
Their intention is to keep the house for their grandchild, but honestly, with the current debt, if I don't sell the house, I can't afford it. Now what should I do to sell this house, I ask the lawyer for advice.
Regarding readers' questions, lawyer Duong Thu Hien - Thanh Lam Law Company Limited (Hanoi Bar Association) - advises as follows:
Article 33 of the 2014 Law on Marriage and Family stipulates common property of husband and wife. Specifically, common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, profits, profits arising from private property and other legal income during the marriage period; property that husband and wife are jointly inherited or jointly gifted and other property that husband and wife agree is common property, land use rights that husband and wife have after marriage.
Thus, the house in the name of the two spouses is the most common property of the couple. Her husband unfortunately passed away, and the house is the common property of the couple, which is resolved according to Clause 1 and Clause 2, Article 66 of the Law on Marriage and Family. Article 66 stipulates:
1. When one spouse dies or is declared dead by the Court, the surviving spouse manages the common property of the spouse, except in cases where the will designates another person to manage the inheritance or the heirs agree to appoint another person to manage the inheritance.
2. When there is a request for inheritance division, the common property of husband and wife is divided in half, except in cases where husband and wife have an agreement on property regime. The property of the husband and wife who died or were declared dead by the Court is divided according to the provisions of the law on inheritance.
Thus, according to the provisions of law, after her husband passed away, the house, which is the common property mentioned above, is divided in half, she gets 50% of the house value, and the remaining 50% is her husband's share. This part of property is divided inheritance according to the provisions of Article 651 of the Civil Code.
Accordingly, this asset part is divided among the first line of inheritance, including the first line of inheritance including wife, husband; biological father, biological mother; adoptive father, adoptive mother; biological child, adopted child.
If your husband does not leave a will when he dies, this inheritance will be divided according to law among the first heirs including you, your children, your father and mother-in-law”. In this case, 50% of the house value will be divided among the co-heirs who are you, your children, your father-in-law, and mother-in-law. Each person will receive 1⁄4 of 50% of the house value, equivalent to 1/8 of the house value.
According to Article 218 of the 2015 Civil Code, the disposition of common property must comply with the agreement of the common owners, unless otherwise provided by law. Therefore, if you want to sell the above house, you must naturally have the consensus of the co-heirs, which are your parents-in-law.
