What assets are common property of husband and wife?

According to the provisions of Articles 33 and 34 of the Law on Marriage and Family, the common property of the husband and wife includes:

  • The common property of the husband and wife includes property created by the husband and wife; incomes generated from labor, production and business activities; yields and profits arising from separate property and other lawful incomes during the marriage period.  Except for the case prescribed in Clause 1, Article 40 of the Law, property jointly inherited by or gifted to both parties, and other property agreed upon by husband and wife, are common property;
  • Land use rights obtained by a spouse after marriage shall be the common property of the husband and wife, unless they are separately inherited or gifted to the spouses separately or are obtained through transactions made with the separate property;
  • The common property of husband and wife shall be under common ownership and used to meet family needs and fulfil their common obligations;
  • When there is no existing evidence to prove that the property in dispute between the husband and wife is his/her separate property, such property shall be regarded as common property;
  • For common property that is required by law to be registered for ownership or use, both spouses shall be named in the certificate of ownership or use, unless otherwise agreed to by the husband and wife.
No response