Question

Answer

Separate property of husband and wife in Vietnam ?

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. 

Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law (Clauses 1 and 2 Article 43 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014).

During the marriage period, except the case prescribed in Article 42 of this Law, husband and wife have the right to reach agreement on division of part or whole of common property. If they fail to reach agreement, they have the right to request a court to settle it. . An agreement on common property division shall be made in writing. This agreement shall be notarized at the request of husband and wife or as prescribed by law. At the request of a spouse, a court shall settle the common property division according to Article 59 of this Law (Article 38 43 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014)./.

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(Signed)
Lawyer Do Minh Son