Division of property after divorce
(Baonghean) - According to Ms. NT H: Before she married Mr. B, Mr. B's parents gave him a 2-story house in city X. After getting married, the couple built another floor and renovated the house. Due to disagreements and many conflicts, the couple decided to divorce. Mr. B said that this house belonged to him because he had not yet entered it into the family's common property. Therefore, Mr. B asked Ms. H to leave the house and not receive any benefits from that house. Currently, Ms. H's life is very difficult, with no place to live.
Ask:According to the law, are you entitled to receive any property value from the house you lived in together?
Reply:On January 1, 2015, the 2014 Law on Marriage and Family took effect. Article 43 of the 2014 Law on Marriage and Family stipulates the separate property of spouses as follows:
“1. The separate property of a husband and wife includes property that each person had before marriage; property inherited separately or given separately during marriage; property divided separately to the husband and wife according to the provisions of Articles 38, 39 and 40 of this law; property serving the essential needs of the husband and wife and other property that, according to the provisions of law, is the separate property of the husband and wife.
2. Property created from the separate property of the husband and wife is also the separate property of the husband and wife. Profits and income arising from separate property during the marriage period are implemented according to the provisions in Clause 1, Article 33 and Clause 1, Article 40 of this Law.
According to this regulation, during the marriage, husband and wife also have the right to own separate property. Before getting married, Mr. B's parents gave him a 2-story house, but Mr. B has not yet included this property in the family's common property. Therefore, the house is Mr. B's separate property.
However, Mr. B's act of kicking her out of the house while she was having difficulties and not allowing her to enjoy any benefits from this house was wrong.
According to the provisions of Article 63 of the 2014 Law on Marriage and Family:
“A house that is privately owned by a husband or wife and has been put into joint use shall remain the private property of that person upon divorce; in the event that the husband or wife has difficulty finding accommodation, they have the right to reside there for a period of 6 months from the date the marriage ends, unless the parties have another agreement.”
On the other hand, Article 30 of Decree No. 70-2001/ND-CP also stipulates the settlement of the rights of spouses upon divorce regarding housing privately owned by one party as follows:
“1. In the case of a house owned by one spouse and put into joint use, upon divorce, the house remains the private property of the homeowner, unless otherwise agreed by the parties. The spouse who owns the house has the obligation to assist the other spouse in finding a new place to live, if the other spouse has difficulties and cannot find a new place to live. The spouse who does not have a place to live is allowed to stay for a period of 6 months to find another place to live.
2. In case the house has been newly built, upgraded, repaired or renovated, the homeowner must pay the other party the value of the newly built, upgraded, repaired or renovated house that the other party is entitled to at the time of property division upon divorce.
Thus, according to the above regulations, this house is still owned by Mr. B but has been upgraded and repaired after the marriage. Therefore, Mr. B must pay Ms. H half of the value of the newly built, upgraded, repaired and renovated house. At the same time, when Ms. H is facing difficulties, Mr. B must have the obligation to support Ms. H in finding a new place to live. During the time Ms. H has not found a house, Ms. H has the right to stay for a period of 6 months from the date the marriage ended.
Law Office of Trong Hai & Associates
