Giving wedding gold jewelry is a common thing in every wedding in Vietnam. So is the number of gold jewelry weddings a common property or private? The same DFC Counsel advises with the case below.
Is wedding gold a common or private property? What if we get a divorce?
Q: Dear DFC Lawyer I have this question I hope the lawyer answers for me, I just got married at the wedding of both of them I have been given some gold as a gift by my husband, now my husband and I havea conflict I want a divorce. I want to ask the lawyer if the gold they gave to me alone so I can have full ownership of that gold?
Answer: Thank you for your trust and send advice questions about DFC Lawyers on yourissue we have received, researched and would like to answer as follows:
Legal grounds
- Marriage and Family Law 2014
- Civil Code 2015
Is the content of advice on wedding gold a common or private property?
First, if you want to determine whether your wedding gold is a common property or whether you and your husband are married. Because according to the content of the new question refers to the two people getting married but in accordance with the law grounds to determine that the couple is husband and wife depends on whether he or she has registered the marriage at the civil service.
TH1: Siblings registered to marry at the time of marriage
In this case, she has previously written legislation directly adjusted, specifically Resolution 01/NQ - The BoD has stipulated gold and silver as the property of the spouse if donated separately. If donated to the common, it is the common property of both spouses. However, this text has been replaced and there are currently no specific laws governing this matter.
In accordance with Article 33, the Law on Marriage and Family 2014 of common property of husband and wife is the property created by husband and wife including income from labor, profits and incomes from private property as well as other legal incomes during the marriage period or assets to be jointly inherited or donated to the common.
Thus, if there are grounds to prove that the person who gave the gold to both husband and wife, it is the opposite common property if there are no grounds to prove it, it is considered private property. However, the fact is difficult to prove because when giving gold to the bride at the wedding rarely determine whether the donor intends to give it to the general or separately because usually people only give gold to the bride with blessings. Therefore, when a dispute arises, it is necessary to re-determine what is the original purpose of the gold donor. There will be two defining grounds there:
Firstly, determined according to the customs pursuing Article 5 of the Civil Code 2015, this is a reference when the law does not have direct adjustment provisions to determine the rights and obligations of individuals that are widely applied and recognized in a certain residential community. Accordingly, many localities have wedding customs to give gold to the bride, so if the boys give gold is the central practice of the region, based on that practice will determine the will of the donor to give to her.
Secondly, if there are no grounds to determine the exact purpose of the donation of this gold by customs, it must determine the purpose of the donation of the property based on the will of the donor to these cases most likely the boys will say to give to both spouses. This gold will then be considered the common property of the couple and if divorced, this gold will be divided in half.
TH2: Siblings who have not registered their marriage
If you have not registered your marriage, the donation of this property of the boys can be understood as the case of giving to conditional property and conditions here can be understood as giving to bless her and her husband so that if she and her husband are not married together, the boys can base here to determine the conditions of the donation so that the boy's family can reclaim the property from her in accordance with Clause 3, Article 462 of the Civil Code 2015.
The above is the entire content of the consultation related to the question of whether wedding gold is a common or private property. If you have any questions regarding this issue please contact our legal advice center 19006512 for the best answers.
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.
