Can adultery divide assets? Is custody available?

Adultery is very easy behavior that causes the couple to divorce, children divorce, in addition to affecting the division of property and custody of children when divorced. So can adultery divide assets, get custody of children? The same DFC Counsel advises with the case below.

Can adultery divide assets? Is custody available?

Q: Dear DFC Attorney, I have this question asking the lawyer to help me. I was married for 5 years, we had a child and a condominium in the name of both husband and wife. Recently my marital relationship was at a standstill due to my discovery that my wife had an off-stream relationship with another man. This was broken by me a year ago, she promised me she wouldn't go back and down with this man anymore and I forgive her for thinking our child was too young. But recently I found out she was still back and about with the other man and I even found out she took him to our own home. So now I want the private attorney to tell me if there's a law on whether adultery can divide assets? Because I want to keep the whole house and raise the baby.

A: Thank you for trusting and sending questions aboutour DFC Lawyers to ask for advice on this case of yours we have received, rescued and asked for answers as follows:

Legal grounds

• Marriage and Family Law 2014

Contents of consultation

1. Is adultery allowed to divide assets?

According to Article 33 of the Law on Marriage and Family 2014,the couple's common property is the property created by the spouse; incomes due to labor, production and business activities or other legal incomes during the marriage period. Therefore, the house in the name of the couple will be considered as the common property of the husband and wife.

Then according to the principle of division of common property when divorced, the assets of the two people will be divided equally 50 - 50, but will take into account the following factors to decide this ratio will be somewhat more inclined to the other such as:

Firstly,the circumstances of the husband and wife's family;

Secondly,the contribution of both in the creation, maintenance and development of common assets;

Third,protect the legitimate interests of the parties in production, business and occupation so that the parties continue to have income;

Fourth, the fault of the party violates the rights and obligations of spouses.

So, with your question, is adultery divided? The answer is that your wife still has the right to property. For example, his apartment is divided in half, but this division may take into account that his wife's adultery has seriously violated the couple's obligations so the case of division of property in court they will take into account that factor to decide the portion of the property he is entitled to may be higher than his wife. In this case, because the house is a special property that cannot be divided, when the money can be divided, he can agree to keep the house but he must be obliged to pay his wife a portion of the money equivalent to the value of the property only received.

2. Is adultery allowed to raise children?

Since you're not clear how old your child is this year, with this question we'll advise on two cases:

TH1:If your child is under 36 months of age, then under the law will give her priority to give her custody unless he can agree with her about handing over the child to him for care

TH2: If your child isover 36 months old, then if you do not reach an agreement on who directly raises the child, the Court will judge in the direction of who is best able to guarantee your child's rights.

Above is the content of DFC's advice regarding whether adultery is divided assets or child custody? If you or your readers still have any problems related to this issue please contact the Free Legal Advice Center 19006512 for the best advice.

Le Minh Cong