Three disputes, each holding a reason
After eight years of living together, Mr. Minh and his wife decided to divorce. What caused the two to argue the most was not custody of the child but the apartment they were living in.
Minh bought the apartment before the wedding, paid 900 million VND in advance and borrowed the rest from the bank. After marriage, the salary of the couple was used to pay monthly debts, and at the same time repair and buy more furniture.
Minh said that the apartment was his own because the purchase and sale contract was before marriage. The wife said that for nearly eight years she had also contributed money to pay debts, so she could not leave empty-handed.
In another family, the land parents gave to their daughter became a hot spot.
Hanh was contracted by her parents to donate a piece of land after getting married. The land use right certificate is only in her name. When divorcing, Hanh's husband said that the assets in the marriage period must be divided in half. Hanh objected, offering a contract clearly stating that her parents "donate it to their daughter separately".
The case of Tuan and Lien (wife) is in a 1.2 billion VND savings book. The money was accumulated after 12 years of marriage, but the account is only in Lien's name.
When his wife asked to divide, Lien said that most of the money was earned by himself and the savings book was also in his name.
The three disputes all started from a seemingly very simple thought that the papers are in whose name, the property belongs to that person. However, when divorced, determining common or private property is not only based on the name on the certificate or bank account.
It's not like just being in one person's name is private property.
Lawyer Nguyen Huu Hoc, Ho Chi Minh City Bar Association, said: according to the Law on Marriage and Family, assets created by husband and wife, income from labor, production and business activities during the marriage period are in principle common property, unless otherwise provided by law or the two parties have an agreement on property regime.
Property obtained before marriage; property inherited separately, given separately during the marriage period is in principle separate property.
Therefore, for the apartment Minh bought before the wedding, the purchase time is an important basis for determining private property. However, if after marriage, the couple uses common property to repay loans or invest to increase the value of the house, that contribution should be considered when resolving disputes.
Hanh's land is also not automatically become a common property just because it was given by her parents after she got married. If the donation contract clearly states a separate donation and there is no agreement to merge that property into the common property, this can be determined as separate property.
Conversely, with Lien's savings, the fact that the account is only in her wife's name is not enough to confirm that the entire amount belongs to her. If the money is created from income during the marriage period, in principle, it must still be considered according to the common property regime.
When divorcing, husband and wife are prioritized to voluntarily agree on the division. If no agreement is reached, the Court will consider the origin of assets, contributions, circumstances of each party and other factors according to legal regulations. Lawyer Hoc added that, according to the Law on Marriage and Family in 2014, housework, child and family care are also considered contributions.
Therefore, in a divorce case, the important question is sometimes not "whose property is in whose name", but where it was formed, at what time and who has evidence to prove their contribution.
