Is land given separately during the marriage considered as common property of spouse in Vietnam?

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Question date: 24/09/2022

Please ask, my husband and I have been married for a year and now my mother wants to give me a piece of land but because of the marriage, this land will become a common property in Vietnam, right?

    • Pursuant to Clause 1, Article 43 of the Law on Marriage and Family 2014, the regulations on separate property of husband and wife in Vietnam are as follows:

      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.

      Thus, in principle, although in the marriage period, your mother gave it to you separately, so the right to use this land as your own property, you have the right to enter or not to enter into common property in Vietnam.

      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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