Wife is a housewife, can property be divided when divorced?

Reader L.H. L (in Hai Phong) asked: "My husband and I have been in love since university. After graduating and working for a few years, we got married. A year later, I gave birth to my first daughter. At this time, my husband had opened his own company, doing business smoothly, and work was busy. My father-in-law had passed away, and my mother-in-law was sick and bedridden, so he asked me to quit my job and stay at home as a housewife, taking care of young children and my mother-in-law.

Seeing that my husband's request was also reasonable, and also feeling sorry for the young children, I agreed to stay at home as a housewife, spending time taking care of the children and mother-in-law. For 3 years, I stayed at home as a housewife, taking care of the children, and managing family matters.

However, my mother-in-law often scolds and harasses me for not working, only "begging" and destroying her husband's money. I think it's because my mother-in-law is sick and ill, staying at home all day, so she becomes difficult. On the other hand, my husband is very financially well-off, and has never let me and my children lack anything, so I still endure to take care of everything.

When my child was 3 years old, I sent him to kindergarten, so I discussed with my husband to hire a maid to take care of my mother-in-law so that I could find a job so that if I stayed at home for too long, my knowledge would fade and I would fall behind.

However, my husband said that he can handle the economy but no one can take care of his mother and family like me, so he encouraged me to stay at home for a few more years, give birth to a second child and then go to work all at once.

I think, as husband and wife, one person is willing to sacrifice a little so that the other person can feel secure in developing their career, so I continue to stay at home to take care of the family. However, since my child went to school, my mother-in-law has increasingly scolded and blamed me for "begging" for my husband, making me think and stress terribly.

Recently, my husband's work has been troubled, difficult, and he has lost a large amount of money, so his personality has completely changed. He often questioned me, where did his money go, what did he spend it? Meanwhile, each month he gives me just enough money for family meals and living expenses, mother-in-law's medicine and diapers, and daughter's education.

The peak was a month ago, he came home very late from drinking socially, so I said: "You drink just moderately, work can be solved gradually, but drinking too much affects health".

At that time, he glared at me: "You only know how to be a dependence, if you can't help me, then shut up, don't teach me wisdom! If you are good, go make money and then tell me when you get back". I was really shocked, it turned out that he also thought like my mother-in-law, thinking that I was a "dependence".

The next day when I woke up, he didn't say anything to me, but since that day, he hasn't given me money to take care of family matters anymore. Too tired, I told him that if we couldn't stay together, we should divorce.

At this time, both he and my mother-in-law said that divorce was okay, but the assets in the house were all my husband's. I have no right to the assets that my husband made and if I want to divorce, I have to leave empty-handed.

Please ask the lawyer, do I have any rights regarding the assets that my husband made? If I divorce, am I entitled to divide these assets?

Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited advises as follows:

Clause 2, Article 16 of the 2014 Law on Marriage and Family stipulates: "Homework and other related jobs to maintain common life are considered income-generating labor.

Clause 1, Article 29 of the 2014 Law on Marriage and Family stipulates: "Husband and wife are equal to each other in terms of rights and obligations in creating, possessing, using, and disposing of common property; without distinguishing between domestic labor and income-generating labor.

Article 33 of the 2014 Law on Marriage and Family stipulates the following assets as Common property of husband and wife:

- Assets created by husband and wife, income from labor, production and business activities, profits arising from private assets and other legal income during the marriage period

- Assets that husband and wife jointly inherit or jointly donate

- Other property that husband and wife agree is common property.

- Land use rights that husband and wife have after marriage are common property of husband and wife, except in cases where husband and wife are separately inherited, separately gifted or obtained through transactions in private property.

Article 33 also stipulates: Common property of husband and wife is jointly owned, used to ensure the needs of the family, and fulfill the common obligations of husband and wife. In cases where there is no basis to prove that the property that husband and wife are in dispute is the separate property of each party, that property is considered common property.

Thus, according to the provisions of law, the property made by your husband during the marriage period is the common property of you and your husband. At the same time, your stay at home to do housework and take care of the family is considered income-generating labor and has equal rights with your husband in possessing, using, and disposing of common property. The fact that your mother-in-law and your husband say that you have no rights to the property made by your husband is contrary to the provisions of law, when divorcing you have the right to request the court to divide the common property of husband and wife.

The above is the advice of a lawyer, hopefully it will help you solve your problems.