In fact, most couples do not agree on the property regime, but after marriage, they automatically establish the statutory property regime. Property, income from labor, production and business activities, yields, profits arising from separate property and other lawful income during the marriage period are all common property of husband and wife. The same applies to debts. However, not all debts incurred during marriage are joint debts of husband and wife.

1/ What is the joint debts of husband and wife?

According to the Law on Marriage and Family 2014 in Vietnam, a joint debt of husband and wife in the following cases:

• Debts arising from transactions established by the agreement of husband and wife, the obligation to compensate for damage for which the husband and wife are jointly liable according to the law;
• One party makes a transaction to meet the essential needs of the family. Essential needs are the normal daily living needs for food, clothing, accommodation, study, medical examination and treatment and other common daily needs that are indispensable for the life of each person, each family.
• Transactions of spouses in the case of legal representatives of the other party; General business case;
• Obligations arising from the possession, use and disposition of common property;
• Obligations arising from the use of separate property to maintain or develop the common property or to generate the main source of income for the family;
• Obligation to compensate for damage caused by their children which, according to the Civil Code, parents must compensate.

However, not all debts incurred during marriage are joint debts of husband and wife. The Law on Marriage and Family 2014 also stipulates 04 separate property obligations of husband and wife:

• Of each party, the husband and wife have before marriage;
• Arising from the possession, use and disposition of private property that is not the sole source of livelihood from family or to maintain or develop the common property or to generate the main source of income of family;
• Arising from a transaction established and performed by one party, not for the needs of the family;
• Arising from the violation of the law of the husband and wife.

Therefore, based on the purpose of using that loan to determine whether it is a joint debt or a separate debt and whether the husband and wife have to pay together or not.

2/ Apolo Lawyers supports:

• Advice on debts and joint responsibility for debts of husband and wife when separating assets.
• Advice on debts before and after marriage.
• Advice on joint debts, separate debts, debts of husband or wife for business
• Consult to help customers prove the debts when disputing each other.
• Advice on compensation for damage caused by spouses during the marriage period.
• Drafting documents and preparing relevant documents, records and evidence.
• Consult on legal procedures after property division, judgment enforcement.
• Appoint lawyers to participate in court proceedings and support the request of clients.

Apolo Lawyers also has many forms of consulting for clients including: direct law advice at the office, email counseling, telephone consultation and many other forms to create the best favorable conditions for clients.

For customers who cannot directly meet the lawyers, you can choose to consult via Email, or WhatsApp. Our company will offer the most effective solutions for customers, consulting in writing to ensure high accuracy, with legal basis. With the enthusiastic support from the company, the customer will spend not only a lot of time but also travel expenses.

For further information, contact us:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch    

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City

_____________________________

Tel: (028) 66.701.709 / (028) 35.059.349

Mobile 1/ Whatsapp 1: 0939.486.086 / Mobile 2/ Whatsapp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: www.apololawyers.com

APOLO LAWYERS