I am an expat living in Da Nang, Vietnam, married to a Vietnamese wife 04 years ago. We are planning to buy a house from local people in Vietnam. I have learn that the Vietnamese law does not permit foreigner to own property in non-commercial housing projects, so I have to sign a document showing that the property is the separate property of my wife. Could you advise me if there are any measures I can take in advance to protect myself from risk of losing all assets if I and my wife have disputes ?
Common property of husband and wife in Vietnam
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 Family and Marriage 52/2014/QH13 dated June 19, 2014).
(Article 213 The Civil Code No.91/2015/QH13 dated November 24, 2015).
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Thi-Ha Nguyen, Lawyer’s assistant
|DMS Law firm in Vietnam|
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