[FREE LEGAL ADVICE]<\/b><\/p>\n
QUESTION:\u00a0<\/b><\/p>\n
Hi, attorney, I have a question to answer. My husband and I have lived together for 2 years but have not yet registered our marriage, have a child together, and we have bought a house. If we divorce now, how will the property be divided?<\/span><\/p>\n ANSWER:<\/b><\/p>\n Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:<\/span><\/p>\n Under the provisions of Clause 5 <\/span>Article 3 of the 2014 Law on Marriage and Family<\/span> Marriage means that a man and a woman establish a husband and wife relationship in accordance with this Law on conditions for marriage and marriage registration. \u201d<\/span><\/p>\n Under the provisions of Clause 7 <\/span>Article 3 of the 2014 Law on Marriage and Family<\/span> Living together as husband and wife is a man and a woman organizing a life together and treating each other as husband and wife.<\/span><\/p>\n Under the provisions of Clause 1 <\/span>Article 9 of the 2014 Law on Marriage and Family \u201c<\/span> The marriage must be registered and implemented by a competent state agency in accordance with the provisions of this Law and the law on civil status. \u201d<\/span><\/p>\n Under the provisions of Clause 1 <\/span>Article 33 of the 2014 Law on Marriage and Family <\/span>Common property of husband and wife \u201dincludes property created by husband and wife, income generated by labor, production and business activities, yields, and income arising from separate property and other lawful income during the period. marriage period.<\/span><\/p>\n Under the provisions of Article 16 of the 2014 Law on Marriage and Family\u00a0<\/span><\/p>\n \"1. Property relationships, obligations and contracts of men and women living together as husband and wife without marriage registration shall be settled according to the agreement between the parties; in the absence of an agreement, it shall be handled in accordance with the Civil Code and other relevant laws.<\/span><\/p>\n Regarding <\/span><\/i>h\u1ec7 v\u1edbi tr\u01b0\u1eddng h\u1ee3p c\u1ee7a b\u1ea1n, hai b\u1ea1n s\u1ed1ng chung v\u1edbi nhau m\u00e0 ch\u01b0a \u0111\u0103ng k\u00fd k\u1ebft h\u00f4n v\u00ec v\u1eady hai b\u1ea1n ch\u01b0a ph\u1ea3i l\u00e0 quan h\u1ec7 v\u1ee3 ch\u1ed3ng theo quy \u0111\u1ecbnh c\u1ee7a ph\u00e1p lu\u1eadt. V\u00ec v\u1eady khi chia tay hai b\u1ea1n kh\u00f4ng c\u1ea7n th\u1ef1c hi\u1ec7n th\u1ee7 t\u1ee5c ly h\u00f4n theo quy \u0111\u1ecbnh c\u1ee7a ph\u00e1p lu\u1eadt. T\u00e0i s\u1ea3n chung c\u1ee7a hai b\u1ea1n c\u0169ng kh\u00f4ng ph\u1ea3i l\u00e0 t\u00e0i s\u1ea3n chung c\u1ee7a v\u1ee3 ch\u1ed3ng ph\u00e1t sinh trong th\u1eddi k\u1ef3 h\u00f4n nh\u00e2n. Ngo\u00e0i ra ng\u00f4i nh\u00e0 hai b\u1ea1n mua chung trong th\u1eddi gian s\u1ed1ng chung c\u0169ng kh\u00f4ng \u0111\u01b0\u1ee3c xem l\u00e0 t\u00e0i s\u1ea3n chung c\u1ee7a v\u1ee3 ch\u1ed3ng. N\u1ebfu hai b\u1ea1n chia tay nhau, t\u00e0i s\u1ea3n l\u00e0 ng\u00f4i nh\u00e0 ph\u00e1t sinh trong th\u1eddi gian s\u1ed1ng chung c\u1ee7a hai b\u1ea1n s\u1ebd \u0111\u01b0\u1ee3c gi\u1ea3i quy\u1ebft theo th\u1ecfa thu\u1eadn hai b\u00ean ho\u1eb7c n\u1ebfu hai b\u1ea1n kh\u00f4ng c\u00f3 th\u1ecfa thu\u1eadn th\u00ec s\u1ebd gi\u1ea3i quy\u1ebft theo quy \u0111\u1ecbnh c\u1ee7a ph\u00e1p lu\u1eadt d\u00e2n s\u1ef1 v\u00e0 c\u00e1c quy \u0111\u1ecbnh kh\u00e1c c\u00f3 li\u00ean quan v\u00e0 <\/span><\/i>tr\u00ean nguy\u00ean t\u1eafc b\u1ea3o \u0111\u1ea3m quy\u1ec1n, l\u1ee3i \u00edch h\u1ee3p ph\u00e1p c\u1ee7a b\u1ea1n v\u00e0 con<\/span><\/i> b\u1ea1n.\u00a0<\/span><\/i><\/p>\n The content of our consultation is based on the information provided by the Client, is for reference only and is based on the legal provisions in force at the time of consultation.<\/span><\/p>\n In case you ever need detailed consultation, please contact us directly for specific advice.<\/span><\/p>\n\n