Is it possible to split the divorce property when your husband is having an affair? Common property in marriage is the property of the couple, so when divorced, the common property must be divided between both of them.
Is it possible to split the property when your husband is having an affair?
Q: Hi, Lawyer, I'd like advice on splitting assets when I get a divorce. My husband and I have been married for 10 years, have a house and a car to buy after marriage. Currently I want a divorce because my husband had an affair, although I have forgiven many times but he still does not know the fault. My husband agreed to divorce to give me a child for adoption but we could not agree on the division of property. My husband said the property was bought from my husband's money because since the birth of my child my health is weak so I only stay at home as a housewife. At the moment he doesn't want to divide the property with me, he just agrees to support him. I want to ask my lawyer if if I get a divorce, can I split my divorce property when my husband has an affair? Thank you, Attorney.
Counsel lawyers: Good morning, my friend. We understand the problem you have, DFC Law Firm lawyers would like to answer you as follows.
1. Law on common property of husband and wife
According to the Law on Marriage and Family 2014, common property of husband and wife includes assets created by spouses, 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 house and the car you bought during the marriage period are counted as the common property of the couple.
2. Is it possible to split divorced property when your husband has an affair?
Upon divorce, the couple will agree on the division of common property. If it is not possible to agree on the division of assets, the court will base on some of the following factors to divide the property between the couple:
- 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.
Thus, if you want to split divorce property when your husband has an affair is completely grounded. The court will base your husband on adultery, which is the cause of the divorce. At the same time, you work in the family is also counted as an income worker, fully contributing to the construction of the common property is the house and the car.
So when you divorce, you have the right to ask the court to divide you part of the property. In addition, when you divorce, you have the right to ask your husband to support your child with an appropriate amount of money to ensure the life of the child.
The above is an article by DFC Law Firm Lawyers on the issue of dividing divorced assets when your husband has an affair. If you have further questions, please contact legal advice center 1900.6512 to be answered by lawyers with in-depth experience in the field of marriage and family. Sincerely!
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.
