Legal advice

How is a wife's "housekeeping efforts" after 28 years at home calculated in a divorce?

. September 3, 2024 10:48

I have been married for 28 years, my husband said I just need to stay home to take care of the family and do housework, but now that we are divorced, he is using the excuse that I don't contribute anything to the family's finances and is demanding all the property.

He opened a very successful business, providing for the whole family.

Now I want to have my assets divided fairly, how can I prove my efforts in housework and raising the family over the past 28 years?

Will the court recognize my "housekeeping efforts" because in fact, right from the time we got married, I quit my job and have no income, completely dependent on my husband.

Please advise and thank you!

HA DUNG (Hai Duong City)

Reply:

According to the provisions of Point b, Clause 4, Article 7 of Joint Circular No. 01/2016/TTLT-TANDTC-VKSNDTC-BTP dated January 6, 2016 guiding the implementation of a number of provisions of the Law on Marriage and Family on the principles of settling the property of spouses upon divorce: "The contribution of the husband and wife to the creation, maintenance and development of the common property" is the contribution of separate property, income, housework and labor of the husband and wife in the creation, maintenance and development of the common property. The wife or husband who stays at home to take care of the children and family without going to work is considered a worker with an income equivalent to the income of the husband or wife who goes to work. The party with more contributions will be divided more".

Thus, even if the wife only does housework, looks after children, takes care of the family and has no monthly income, does not contribute financially to the family, but is the one who does the housework and takes care of children, she is still considered to have an income equivalent to her husband during the marriage and will be entitled to divide the common property formed during this period if divorce proceedings are carried out.

.
(0) Comments
Latest News
How is a wife's "housekeeping efforts" after 28 years at home calculated in a divorce?