Should the wife have her own property before marriage, can she decide it herself?

First, to determine whether the wife has the right to dispose of land before marriage or not, it is necessary to determine whether the property is the wife's separate property or not. So what is private property? Pursuant to Article 43 of the 2014 Law on Marriage and Family, the separate property of husband and wife is stipulated as follows: Separate property of husband and wife is the property that husband and wife had before marriage;...

At the same time, according to the provisions of Article 44 of the Law on Marriage and Family 2014, regulations on possession, use and disposition of private property are as follows: Husband and wife have the right to possess, use or dispose of property. myselft; After marriage, husband and wife may or may not enter their separate property into their common property.

Note: Except in cases where a house is built on the land and this house is the only residence of both husband and wife, there must be the wife's agreement, as prescribed in Article 31 of the Law on Marriage and Family. year 2014.

Thus, from the above regulations, it can be determined that the wife's private property formed before the marriage will be under the right to dispose, possess and use of the owner of that private property. However, if a husband or wife merges their separate property into common property, the consent of both spouses is required when possessing, using, and disposing of that property.

Therefore, in Ms. Thanh's case, her parents donated the land to her before marriage, so this land will belong to her separate property, if after marriage she does not enter this separate property. In the common property of husband and wife, she has the right to sell this land on her own without consulting the husband, except in cases where a common house for the couple is built on the land, then when transferring Husband's consent is required. And if in case you have entered the separate property of this land into the common property of husband and wife, then when you want to transfer it, you must have the consent of the husband.