How to distinguish between separate and common property during marriage

My parents gave me a house. They were worried that if I got married and was not happy, they would split the house in half if they divorced. That’s why they didn’t transfer the house to me.

So before getting married, can my fiancé and I make an agreement on which assets are common and which are separate? Is it legally valid if we draw up a document ourselves and both sign it? If not, what procedures do we need to follow and where do we do it?

Reader Le Duong asked Thanh Nien.

Agreement on common and separate property must be notarized to be valid.

Consultant

Dr. Nguyen Vinh Huy (Thinh Tri Law System) advises that, based on Article 33 of the Law on Marriage and Family, the common property of a couple includes property created by the husband and wife during the marriage, except for property that the couple received as a gift.

Land use rights acquired by a husband and wife after marriage are joint property, unless they are given to one of them separately. Therefore, property given to you by your parents before you got married is your separate property.

According to Article 44 of the Law on Marriage and Family, you do not need to make a separate property document for the above assets. At the same time, you do not need to worry about merging assets because the right to merge or not merge separate assets into common assets is your decision.

The agreement on the division of common property must be made in writing and notarized (Article 38 of the Law on Marriage and Family). Therefore, if the two parties only make the document and sign it without notarization, it is invalid.

If you want to divide the property, you and your fiancé should go to a notary public organization located where the real estate is located within the province/city directly under the Central Government to request notarization and certification of which assets are joint and which are separate.

You must present the original documents such as: notarization request form; draft contract, transaction; copy of identity document of the person requesting notarization; copy of certificate of ownership, right to use...

Source link: https://thanhnien.vn/cach-phan-biet-tai-san-rieng-va-chung-trong-thoi-ky-hon-nhan-18523060120210904.htm