The separate property of one spouse shall be merged into the common property of both spouses according to the agreement between the husband and wife. For property merged into common property whose transactions are required by law to be in a certain form, the merger agreement must ensure that the proper form is completed. Unless otherwise agreed to by husband and wife or prescribed by law, obligations related to the separate property previously merged into common property shall be performed with common property.

To ensure the lawful rights and interests of a spouse’s property and to a legal basis for the settlement of disputes over common and separate property between husband and wife, the law stipulates that the following separate property, if  merged into the common property of the husband and wife, must be made in writing:

• Land use rights;
• Ownership of houses;
• Assets of great value.

The agreement to merge these types of separate property into the common property shall be made in writing and notarized.

In addition, the 2014 Law on Marriage and Family also allows the parties to agree on pre-marriage property, also known as a prenuptial agreement, in order to minimize conflicts and disputes over common property and separate property during and after marriage.

Article 47 of the Law on Marriage and Family provides:

 “For a married couple that selects an agreed property regime, this agreement shall be made in writing before their marriage and be notarized or certified. The agreed matrimonial property regime shall be established on the date of marriage registration.”