Husband and wife can have separate property from being inherited separately, being given separately, or dividing common property during the marriage.

Legal grounds:

Law on Marriage and Family 2014.

We get the following question:

I have been married for 10 years, my father just passed away, so I inherited a house in Vietnam. I am planning to rent out this house, is the rental fee my own property?

The money earned from rental activities is called profit. profits obtained from separate property during the marriage period are specified in Clause 1, Article 33 and Clause 1, Article 40 of the Law on Marriage and Family 2014 as follows:

Article 33. Common property of husband and wife

Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during the marriage period, except for the case specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property agreed upon by husband and wife is common property.

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Article 40. Consequences of division of common property during the marriage period

In case of division of common property of husband and wife, the part of the divided property, yields and profits arising from the separate property of each party after division of the common property shall be the separate property of the husband and wife, except for cases where the husband and wife has another agreement. The remaining undivided property remains the common property of the husband and wife.

Husband and wife have the right to own separate property during the marriage, as well as the right to divide the common property into separate property during the marriage period. Therefore, according to the above provisions, it is necessary to distinguish the following:

Profit arising from separate property during the marriage period is the common property of husband and wife;
If during the marriage period the husband and wife have divided common property, the profit arising from the divided separate property shall be the separate property of each party.

Thus, when the wife rents out the house in Vietnam acquired by separate inheritance during the marriage, the rental received is the common property of the husband and wife.