Is one spouse allowed to establish, perform, or terminate civil transactions related to the common property of both spouses, which is of great value or the only source of the family’s livelihood, without the consent of the other spouse?

04/08/2022 Posted by Stephen Le

The possession, use and disposition of common property is specified in Article 13 of Decree 126/2014/NĐ-CP:

The possession, use and disposition of common property shall be agreed upon by husband and wife. Should a spouse establish and make transactions related to the common property to meet the family’s essential needs, such transactions shall be deemed to have been agreed upon by the other spouse, except for the case prescribed in Clause 2, Article 35 of the Law on Marriage and Family.

When one spouse disposes of common property in violation of Clause 2, Article 35 of the Law on Marriage and Family, the other spouse may request a court to declare such transaction invalid and settle the legal consequences of the invalid transaction.

Clause 2, Article 35 of the Law on Marriage and Family provides that the disposition of common property must be agreed upon in writing by the spouse in the following cases:

  • Real estate;
  • Movable assets which are required by law to be registered for ownership;
  • Assets which are the major income-generating source for the family.
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