When is a spouse jointly liable for civil transactions established by his or her spouse?

10/06/2022 Posted by Stephen Le

According to the provisions the 2014 Law on Marriage and Family, the husband and wife shall have joint liability in the following cases:

The husband and wife shall have joint liability for transactions performed by one spouse to meet the essential needs of the family or for other transactions in accordance with the regulations on the representation between husband and wife in the following cases:

  • In cases of the establishment, performance and termination of transactions which, according to the provisions of the Law on Marriage and Family, the Civil Code and other relevant laws, the consent of both spouses is required;
  • In cases when the husband and wife do joint business, then the transaction is done by either the husband or wife according to the intentions and wishes of both husband and wife. When the property is used for business purposes, the husband and wife are jointly responsible for performing  the obligations towards a third party in the property relationship;
  • In cases of representation between husband and wife in establishing, performing and terminating transactions related to common property, there exists a certificate of ownership or certificate of property use right stating only one spouse’s name. This provision is applied when property related to real estate or movable assets must be registered but only the name of one spouse is listed although it is the common property of two people. All transactions related to this property are the joint responsibility of the husband and wife.

Husband and wife shall have joint liability for the following obligations to the common property of the husband and wife:

  • Obligations arising from transactions established under their agreement and the obligation to pay damages for which the husband and wife are jointly liable by law;
  • Obligations performed by a spouse in order to meet the family’s essential needs;
  • Obligations arising from the possession, use and disposition of common property;
  • Obligations arising from the use of separate property for maintaining and developing the common property or for generating main sources of income for the family;
  • Obligations to pay damages caused by their children as prescribed by the
    Civil Code;
  • Other obligations as prescribed by relevant laws. 
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