Cases allowing unequal allocation of marital assets under Vietnamese Law

During divorce proceedings, the division of marital assets between spouses often becomes a major source of dispute. Many individuals assume that marital property will always be divided equally. However, under Vietnamese law, in certain circumstances, one spouse may be legally entitled to receive a larger share of marital assets. The following article provides a clear legal explanation of these circumstances. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Definition of Marital Property

Under the Law on Marriage and Family, marital property includes assets jointly created by spouses during the period of marriage. Article 33 of the Law on Marriage and Family provides the following provisions:

"1. Marital property includes assets created by spouses, income derived from labor, production or business activities, yields and profits arising from separate property, and other lawful income generated during the marriage period, except for cases stipulated in Clause 1 Article 40 of this Law. Marital property also includes assets jointly inherited or jointly gifted, as well as other assets agreed by spouses as marital property.

Land use rights acquired after marriage constitute marital property, except in cases of separate inheritance, separate gifting, or acquisition through transactions using separate property.

2. Marital property constitutes common property under unified ownership and serves to meet family needs and fulfill common obligations during marriage.

3. In the absence of evidence proving that disputed assets constitute separate property, such assets shall be deemed marital property."

Cases allowing unequal allocation of marital assets

These provisions establish the legal basis for identifying marital property. For other lawful income or yields and profits arising from separate property, further guidance is provided under Article 9 and Article 10 of Decree No. 126/2014/ND-CP.

2. Principles for Division of Marital Property Upon Divorce

Pursuant to Article 59 of the Law on Marriage and Family 2014, the division of marital property upon divorce is resolved based on agreement between spouses or in accordance with statutory provisions.

Where an agreement exists, such agreement shall be applied. In cases where the agreement lacks clarity or completeness, provisions under Clauses 2, 3, 4, and 5 Article 59, together with Articles 60, 61, 62, 63, and 64 of the Law on Marriage and Family, shall apply.

In the absence of an agreement or where negotiation fails, the Court shall resolve the matter in accordance with the above statutory provisions.

3. Circumstances Allowing a Larger Share of Marital Property Upon Divorce

According to Article 59 of the Law on Marriage and Family 2014, as further guided by Article 7 of Joint Circular No. 01/2016/TTLT-VKSNDTC-BTP effective from March 1, 2016, marital property shall in principle be divided equally, while taking into account the following factors to determine the actual allocation ratio:

a) Family circumstances and individual conditions

This factor refers to legal capacity, civil act capacity, health condition, asset status, and ability to generate income after divorce, as well as the circumstances of other family members toward whom legal obligations exist. The party facing greater difficulty after divorce may receive a larger portion of marital assets or be prioritized in receiving specific assets to ensure stability of living conditions, provided that such allocation aligns with actual family circumstances.

b) Contribution to creation, maintenance, and development of marital assets

Contribution includes separate property, income, household work, and labor dedicated to creation, preservation, and development of marital assets. Domestic labor and child care activities are considered income-generating labor of equivalent value. The party demonstrating greater contribution may receive a larger share of marital assets.

c) Protection of legitimate interests in production, business, and professional activities

The division of marital property must ensure continued professional practice or business operations for each party. Assets serving production or business purposes may be allocated accordingly, with an obligation to compensate the other party for any value difference. Such protection must not affect minimum living conditions of spouses and minor children, or adult children lacking civil act capacity.

Example: In a case involving a vehicle used for taxi services valued at VND 400 million and a retail store valued at VND 200 million, the Court may allocate the retail store to the party engaged in retail business and the vehicle to the party operating taxi services. The party receiving higher-value assets must compensate the other party for the difference in value.

d) Fault in violation of marital rights and obligations

Fault refers to violations of personal or property obligations during marriage that lead to divorce, including domestic violence, infidelity, or dissipation of marital assets. The Court shall consider such fault to ensure protection of lawful rights and interests of the affected party and minor children.

1. The value of marital property and separate property shall be determined based on market value at the time of first-instance trial resolution.
2. During property division, the Court must prioritize protection of lawful rights and interests of spouses and minor children, as well as adult children lacking civil act capacity or ability to work without independent means of support.

Example: In cases involving residential property constituting the sole living accommodation, where division by physical separation is not feasible, the Court may allocate such property to the party directly raising minor children or dependent individuals, with corresponding compensation to the other party if requested.

Accordingly, a spouse may receive a larger share of marital property when one or more of the above circumstances apply, subject to the obligation of proof.

4. Is a Larger Share Automatically Granted Upon Request?

A request for a larger share of marital property does not guarantee approval. The requesting party must:

• Establish lawful grounds
• Provide clear documentary evidence
• Demonstrate a direct connection between relevant factors and the need for unequal division

In the absence of sufficient proof, the Court shall apply the principle of equal division.

Cases allowing unequal allocation of marital asset

In conclusion, marital property division upon divorce does not always follow a strict equal ratio. Vietnamese law permits unequal allocation in circumstances involving greater contribution, child-rearing responsibility, serious fault by the other party, or economic hardship. Understanding these legal principles helps safeguard lawful rights and minimizes prolonged disputes during divorce proceedings.

5. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

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