Pursuant to the Law on Marriage and Family 2014, common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields and profits arising from property. separate and other lawful incomes during the marriage, except for the cases specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property agreed upon by husband and wife is common property. The joint property of husband and wife during marriage will be divided upon divorce. In order to answer the problems faced by customers, Hong Bang Law would like to provide legal advice on property division during marriage, performed by a team of experienced lawyers at a reasonable cost. management with optimal service quality, ensuring the legitimate rights and interests of clients.

Determination of common property and separate property of spouses during marriage

Articles 33 and 43 of the 2014 Law on Marriage and Family have provisions on the determination of common property and separate property as follows:

Article 43. Separate property of husband and wife

1. 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.
2. 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.

Article 33. Common property of husband and wife

1. 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.
2. 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.
3. When exists 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.

Principles of property division during marriage

The issue of property division will be divided according to the provisions of Article 59 of the Law on Marriage and Family 2014 as follows:

2. Common property shall be divided into two, taking into account the following factors:

a/ Circumstances of the family, husband and wife;

b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

d/ Each spouse’s faults in the infringement of spousal rights and obligations.

3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.

A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

According to the above provisions, when dividing property, your separate property will remain under your ownership and common property between the husband and wife will be divided in half, but the court will still rely on the following provisions: factors such as the circumstances of the parties, the efforts of the parties to contribute to that common property, the protection of the legitimate interests of the parties, the fault of the parties. The contribution of the parties here is a complicated issue, so it is necessary to objectively and comprehensively evaluate from the origin of the property’s formation to the maintenance and development of that property.

Services to be provided by Hong Bang Law Firm:

• Advice on legal provisions on property division during marriage.
• Advice on procedures and documents related to property division during marriage.
• Counseling to initiate a lawsuit to request resolution of property division disputes during the marriage period.
• Advice on property division during marriage.
• Advice on property division during the marriage with foreign elements
• Advising on the order and procedures for initiating a dispute to settle disputes
• An authorized representative to make complaints and initiate lawsuits to ensure the rights and interests of clients.

Form of consultation:

• Form of consultation: Direct consultation, via text, phone, email, fax.

• Working time: Based on the original regulations on working time of Hong Bang:

• • Morning: 8:00am – 12:00pm (Monday to Friday)
  • Afternoon: 13:30 – 17:30 (Monday to Friday)

Note: The overtime consultation shall be quoted separately.

If you need more detailed advice as well as how to access this service, please contact Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the legal consulting centre at 1900.6575 or send a service request via email: lienheluathongbang@gmail.com.

We wish you and your family good health, peace and success!

Best regards,