A House Built After Marriage on the Husband’s Parents’ Land – Marital Property or Separate Property?


In practice, a common type of dispute in family and matrimonial cases concerns whether a house constructed during the marriage on land legally owned by the husband’s parents should be classified as marital property or separate property. This issue carries significant theoretical and practical implications, as it relates to the principles of distinguishing between joint and separate assets, as well as the legal regime governing land use rights.

1. Legal Grounds

1.1. Law on Marriage and Family 2014

  • Article 33: Marital property includes assets created by either spouse, income from labor, business, or other lawful income acquired during the marriage.
  • Article 43: Separate property includes assets owned by a spouse before marriage; assets inherited individually or given as a gift exclusively; assets serving essential needs; and other property prescribed by law.

1.2. Land Law 2013

  • Articles 95, 170: Only lawful land users have the right to dispose of land use rights (transfer, gift, mortgage, lease, etc.).
  • Article 175: A land user may permit another to use the land in a restricted manner, such as lending land or allowing temporary residence.

1.3. Civil Code 2015

  • Articles 104, 105: Ownership rights include possession, use, and disposition of property.
  • Article 175: Stipulates rights of limited use of adjacent immovable property, demonstrating the dependency between a structure and the underlying land use rights.

1.4. Resolution No. 02/2004/NQ-HĐTP of the Supreme People’s Court
Provides detailed guidance on determining ownership of assets attached to land use rights in dispute resolution, including houses built on land owned by another person.

2. Legal Analysis

2.1. Land Use Rights

  • If land use rights remain with the husband’s parents and no valid transfer or gift contract has been executed, the couple has no ownership rights over the land.
  • In this scenario, the couple is merely considered to be using the land with permission (Article 175 Land Law 2013).

2.2. Ownership of the House

  • If the house was built during the marriage using joint marital funds or efforts, it constitutes marital property under Article 33 Law on Marriage and Family 2014.
  • However, since the house sits on land legally owned by the husband’s parents, ownership of the house does not confer land use rights. The couple may own the house but their rights of use and disposition remain subject to the landowner’s authority.

2.3. Dispute Scenarios

  • If the husband’s parents have lawfully transferred or gifted the land: both the land and the house become marital property.
  • If the parents only lent the land or no clear written agreement exists: courts often recognize the house as marital property but maintain land use rights with the parents. Depending on the circumstances, courts may:
    • Require the couple to dismantle and return the land, with parents compensating them for the house’s value; or
    • Allow the couple to retain ownership of the house but subject to relocation.

3. Judicial Practice
In many cases, courts determine:

  • Land: remains with the husband’s parents if not lawfully transferred.
  • House: is recognized as marital property, usually divided between spouses. However, since the house is attached to land, disposition depends on agreements with the landowners.

For example, certain rulings required the couple to remove the house and return the land, while the parents reimbursed them for the construction value.

4. Conclusion
A house built during the marriage on the husband’s parents’ land—if financed with marital property—will be recognized as marital property under Article 33 Law on Marriage and Family 2014. Nevertheless, the couple’s ability to dispose of the house is restricted by the parents’ lawful land use rights under Land Law 2013. To avoid disputes, it is essential for families to formalize agreements in writing (such as gift contracts or land loan agreements) prior to construction.

📞 CONTACT LEGAL CONSULTANT:

TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.

1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association

Email: vtpthanh@tlalaw.vn

2. Lawyer Tran My Le, Ha Noi Bar Association

Email: tmle@tlalaw.vn

Khuong Ngoc Lan

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