Car separately given to a spouse during the marriage period
Hi DMS Law firm in Da Nang, Vietnam! My parents have separately given me a car. Is such car my separate property during the marriage period ? Could you advise about property separately given to husband or wife during marriage period ?
Hi!
Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.
The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property (Clause 1 Article 33 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014).
Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law (Clause 1 Article 43 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014).
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Car given separately to husband or wife during the marriage period ?
Prepared by: Thi-Ha Nguyen, Lawyer’s assistant | DMS Law firm in Vietnam Director (Signed) Lawyer Do Minh Son |
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