On October 1, 2023, the Chief Justice of the Supreme People's Court issued Decision No. 364/QD-CA on the publication of 07 new case laws applied in trial activities. In particular, ATA would like to choose to send readers the basic content of Case Law No. 67/2023/AL1 ("Case Law 67") about the recipients of the artifacts when dividing common property.
Case Law 67 sets out the legal situation: In the case of division of common property which is home ownership and land use rights, one party is the elderly who have created, managed, and used the land stably and long-term. Both parties wish to receive the property and pay the value of the other person's property to that person. Housing cannot be divided in kind.
For this situation, Case Law 67 has made the decision: Assign the property to the elderly party to own, use, and pay in money corresponding to 1/2 of the value of the common property to the other party to enjoy.
Thus, under Case Law 67, when common property cannot be divided in kind, the Court shall consider giving preference to the recipient of the property who is an elderly person who has made efforts to create, manage, and use such common assets stably and long-term.
Case Law 67 applies in trial as of November 1, 2023.
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