Is house rent considered separate property of husband or wife in Vietnam?

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Question date: 24/09/2022

Me and my husband have made a written agreement to divide our two houses into two separate properties during the marriage period and have notarization at the notary office in Vietnam. So, if I rent out my house, does that rent belong to me or must it be divided between my husband and me? 

    • Pursuant to Clause 1, Article 40 of the Law on Marriage and Family 2014 stipulates consequences of common property division during the marriage period in Vietnam as follows:

      When common property of husband and wife is divided, unless otherwise agreed by husband and wife, divided property and yields or profits arising from separate property of each spouse after common property division are separate property of each spouse. The undivided property portion remains common property of husband and wife.

      Thus, according to the regulations in Vietnam , you and your husband have divided the separate property in the common property which is the house, such separate property still belongs to you without having to divide it to your husband, if both parties have no other agreement.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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