Question

Answer

Common property of husband and wife during the marriage period ?

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. 

Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife. 

When there is no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property (Article 33 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014).

Other lawful incomes of husband and wife in the marriage period

Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3, Article 11 of this Decree.

Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or left over out of inadvertence, stray cattle or poultry and raised aquatic animals.

Other lawful incomes as prescribed by law (Article 9 Decree No. 126/2014/NĐ-CP dated December 31, 2014)./.

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Director
(Signed)
Lawyer Do Minh Son