{"id":4583,"date":"2022-02-16T08:20:27","date_gmt":"2022-02-16T01:20:27","guid":{"rendered":"http:\/\/medlaw.vn\/?p=4583"},"modified":"2022-06-20T13:42:52","modified_gmt":"2022-06-20T06:42:52","slug":"song-chung-nhu-vo-chong-khi-chia-tay-tai-san-se-duoc-chia-the-nao-2","status":"publish","type":"post","link":"https:\/\/medlaw.vn\/en\/song-chung-nhu-vo-chong-khi-chia-tay-tai-san-se-duoc-chia-the-nao-2\/","title":{"rendered":"Living together as a wife while sharing hands, how will property be shared?"},"content":{"rendered":"

[FREE LEGAL ADVICE]<\/strong><\/p>\n

QUESTION:<\/strong>
\nI'm wondering because my husband cheated on me and asked for a divorce to divide the property, if we keep it without registration, can we divide the property? No, everyone..<\/p>\n

ANSWER:<\/strong>
\nGreetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:<\/p>\n

Regarding your case, the two of you live together without having registered your marriage, so you are not a husband and wife relationship according to the law. Therefore, when you break up, you do not need to carry out divorce procedures in accordance with the law. The joint property of the two of you is also not the common property of the husband and wife arising during the marriage. If the two of you separate, the property arising during your cohabitation will be settled according to the agreement of the two parties or if the two of you do not have an agreement, it will be settled according to the provisions of the civil law and the provisions of the civil law. other relevant regulations and on the principle of ensuring your legitimate rights and interests.<\/p>\n

Specifically, the legal basis for your case is as follows:<\/p>\n

\u2013 According to the provisions of Clause 5, Article 3 of the Law on Marriage and Family 2014:
\nMarriage means the establishment of a husband and wife relationship by a man and woman in accordance with this Law on marriage conditions and marriage registration.<\/p>\n

\u2013 According to the provisions of Clause 7, Article 3 of the Law on Marriage and Family 2014:
\nCohabitation as husband and wife means that a man and a woman organize their life together and consider each other as husband and wife.<\/p>\n

\u2013 According to the provisions of Clause 1, Article 9 of the Law on Marriage and Family 2014:
\nThe marriage must be registered and performed by a competent state agency in accordance with this Law and the civil status law.<\/p>\n

\u2013 According to the provisions of Clause 1, Article 33 of the Law on Marriage and Family 2014:
\nCommon property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during a period of time. marriage.<\/p>\n

\u2013 According to the provisions of Article 16 of the Law on Marriage and Family 2014:
\n1. Property relations, obligations and contracts of men and women living together as husband and wife without marriage registration shall be settled by agreement between the parties; in the absence of agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.
\n2. The settlement of property relations must ensure the lawful rights and interests of women and children; Housework and other related work to maintain a common life are considered as income earners.<\/p>\n

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation.\nIn case you ever need detailed consultation, please contact us directly for specific advice.<\/p>\n

In case you ever need detailed consultation, please contact us directly for specific advice.<\/p>\n

Here is our answer to the question. If you have a need for free legal advice, please leave a question on the group or message the Admin for answers.<\/p>\n

#medlaw #tuvanphapluatmienphi<\/p>","protected":false},"excerpt":{"rendered":"

[T\u01af V\u1ea4N PH\u00c1P LU\u1eacT MI\u1ec4N PH\u00cd] C\u00c2U H\u1eceI: M\u00ecnh \u0111ang ph\u00e2n v\u00e2n v\u00ec ch\u1ed3ng ngo\u1ea1i t\u00ecnh \u0111\u00f2i ly h\u00f4n chia t\u00e0i s\u1ea3n, gi\u1eef b\u1ecdn m\u00ecnh kh\u00f4ng c\u00f3 \u0111\u0103ng k\u00fd th\u00ec chia t\u00e0i s\u1ea3n c\u00f3 \u0111\u01b0\u1ee3c chia Kh\u00f4ng, m\u1ecdi ng\u01b0\u1eddi \u01a1i.. GI\u1ea2I \u0110\u00c1P: Ch\u00e0o b\u1ea1n, c\u1ea3m \u01a1n \u0111\u00e3 g\u1eedi c\u00e2u h\u1ecfi \u0111\u1ebfn MEDLAW, c\u0103n c\u1ee9 v\u00e0o…<\/p>","protected":false},"author":1,"featured_media":4584,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[11],"tags":[],"_links":{"self":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4583"}],"collection":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/comments?post=4583"}],"version-history":[{"count":2,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4583\/revisions"}],"predecessor-version":[{"id":4754,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4583\/revisions\/4754"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media\/4584"}],"wp:attachment":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media?parent=4583"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/categories?post=4583"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/tags?post=4583"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}