Is the allowance for war invalids common property of the spouses?

I am a wounded soldier and have received a monthly allowance for war invalids but I do not spend it for daily expenses, I have saved on my own savings account. When we divorced, my wife wanted to divide this amount of money, saying that it was an asset in the marriage period, was it lawful?

FDVN’S opinion:

Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your question. 

The regime of the common and separate properties of the couple is currently stipulated in the Law on Marriage and Family 2014. It is mentioned that:

1. The common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.[Clause 1 Article 33 Law on Marriage and Family 2014].

2. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law. Property created from the separate property of a husband or wife is also the property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.[Article  43 Law on Marriage and Family 2014].

Specifically, guiding this provision in Article 11 of Decree No. 126/2014 / ND-CP, December 31, 2014, other personal assets of husband and wife also include:

1. The economic right to intellectual property objects as prescribed by the law on intellectual property.

2. Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency.

3. 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 associated with the personal identification of a spouse.

Thus, the amount of savings arising from the war invalids allowance will be determined to be your personal property if your wife had no prior agreement about this asset which made this asset become the common property of husband and wife. At that time, you need to prove that the source of this savings was from the war invalids.

The above is the advice of FDVN regarding your requirements based on the study of legal regulations. We hope the advice of FDVN will be helpful to you.

Legal expert: Hang

FDVN Law Firm

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