The determination of property as separate property of a spouse must be based on three main factors, including: Origin of property, the time of property creation, and agreement on establishment of the matrimonial property regime between husband and wife.
In case there is a dispute regarding property between husband and wife and/or between a spouse and a third party, it is imperative to determine common property and separate property of husband and wife.
According to current laws, separate property of a spouse is determined as follows:
- Separate property owned by a spouse before marriage;
- Property inherited by or given separately to a spouse during the marriage period;
- Property divided to a spouse from the common property during the marriage period;
- Property to meet essential needs of a spouse;
- Property created from separate property of a spouse;
- Yields and profits arising from separate property of each spouse after common property division are separate property of each spouse;
- The land-use rights are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.
- The economic right to intellectual property objects as prescribed by the law on intellectual property;
- Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency;
- Allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution;
- Other property rights are associated with the personal identification of a spouse.
