Can adultery wives divide their assets? Adultery is just one of the grounds for dividing common property. The same law firm DFC consults with the case below.
Can adultery wives divide their assets?
Q: I'd like to ask about dividing assets when I'm divorced. My wife and I have been married for 9 years and have some common property as real estate. Now my wife is having an affair and I want a divorce. I want to ask if it was my wife's affair so we just divorced, do I have to divide the property with my wife? If divided, how to divide? Thank you.
Counsel: Our DFC attorney has received your question and would like to answer the following:
Legal grounds:
- Marriage and Family Law 2014
- Legal documents guiding the enforcement of the Law on Marriage and Family 2014
Contents of consultation:
1. Provisions of the law on common property
According to the Law on Marriage and Family 2014, common property of husband and wife includes assets created by husband and wife, incomes from labor, production and business activities or incomes arising from private property along with other types of legal income during the marriage period.
In addition, assets that husband and wife are inherited or donated to generally are common property; assets agreed by husband and wife as common property are common property of the couple. Thus, the land that you and your wife bought during the marriage period is counted as the common property of the couple.
2. Can adultery wives divide assets?
When the property is the common property of the couple, the property must be divided upon divorce, unless the parties have an agreement on the non-division of assets. Currently, when divorced, if your spouse has an agreement to divide the property, the court will not divide the common property. If the couple cannot agree on the division of assets, the court will base on the following factors to divide the common property:
- Based on the family circumstances of the husband and wife;
- Based on the contribution of the parties to the creation, maintenance and development of common assets. In particular, the labor of husband and wife in the family is also considered as income labor;
- Based on the fault of the parties in leading to divorce;
- Based on the protection of the interests of the parties in the production and business and the work of the parties so that the parties have the conditions to continue labor generating income.
On the question of whether the adulterer's wife is allowed to divide the property, the answer is yes. Because your wife contributes to the creation, maintenance and development of the common property of both, your wife must receive a portion of that property, unless your wife refuses to receive the common property. The court only bases in part on your wife's adultery error to determine how many parts of your wife are entitled to the common property, not the right to receive your wife's property.
The Court will rely on the above grounds to determine the portion of the property your wife is entitled to. Also in addition to dividing the property, the court will consider custody of the two if you have children together and cannot agree on custody.
Above is a DFC Law Firm Lawyer's article on the question of whether your adultery wife is dividing your property. If you have further questions, please contact legal advice center 1900.6512 for answers from lawyers with experience in the field of marriage and family. Sincerely!
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
