Limitation on the division of spousal inheritance in Vietnam

Limiting the division of inheritance is a humane and necessary measure, particularly in cases involving heirs and dependent family members. Understanding and properly applying the relevant legal provisions can help parties avoid disputes while safeguarding rights and ensuring post-divorce stability. 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. What Is the Limitation on Inheritance Division?

A limitation on inheritance division refers to the restriction or deferral of the right to distribute inherited assets, with the aim of protecting the interests of heirs or maintaining family stability.

In the context of marriage, when a couple divorces and one party dies, joint property or inherited property may be subject to restrictions on division. These limitations are designed to prevent division that could adversely affect the surviving spouse or minor children.

Limitation on the division of spousal inheritance in Vietnam

2. Legal Framework on Limiting the Division of Spousal Inheritance

Under Article 66 of the 2014 Law on Marriage and Family (Vietnam), when one spouse dies or is declared deceased by a court, the division of marital property is undertaken. However, division of inheritance is not automatic in all cases.

Pursuant to Clause 3, Article 66, inheritance division may be restricted if such division seriously affects the life of the surviving spouse or family. In such cases, the surviving spouse has the right to request the court to apply this provision.

Currently, the Judicial Council issued Resolution No. 01/2024/NQ-HĐTP, effective from July 1, 2024, which provides guidance on this matter. Specifically, Article 5 states:

" The division of the estate seriously affects the life of the surviving spouse and the family outlined in Clause 3, Article 66 of the Law on Marriage and Family and Article 661 of the Civil Code is the case that the deceased leaves behind an estate, but if this property is divided among the heirs, the surviving spouse and family will face significant hardships in their daily lives, such as: lack of housing, loss of the sole means of production, etc.”

Referring to Article 661 of the 2015 Civil Code:

• If the will of deceased or an agreement among all heirs stipulates that the estate can only be divided after a certain period, the estate shall only be distributed after that period expires.
• If the division of the inheritance seriously affects the life of the surviving spouse and family, the surviving spouse may request the court to determine the portion of the inheritance that the heirs are entitled to but postpone actual division for a limited period, not exceeding three years from the opening of the inheritance. The court may grant a one-time extension of up to three more years if the surviving spouse proves that division continues to seriously affect family life.

Thus, in applying these limitations, courts must rely on appropriate legal grounds to ensure the legitimate rights and interests of the parties.

3. Illustrative Examples of Limiting Inheritance Division

According to Article 5 of Resolution No. 01/2024/NQ-HĐTP, which provides guidance on the application of certain provisions of the law in resolving marital and family cases, the Resolution sets out illustrative examples for parties to reference when necessary, specifically:

“Example 1: Prior to the marriage, Mr. A acquired a 35 square meter single-story house. subsequently, Mr. A married Ms. B and did not include the house in the joint property of couple. After the birth of a child, Mr. A passed away without leaving a will. The parentd of Mr. A parents requested the division of the inherited property, which is the house of A. Ms. B and the child have no other place to live and do not yet have the means to establish another residence. The house cannot be divided physically. In this case, the division of the inherited property, which is the house, would have a significant impact on the livelihood of Ms. B and the child.

Example 2: Mr. C and Ms. D married and purchased a 35 square meter house. After the birth of a child, Mr. C passed away without leaving a will. The parents of C requested the division of the inherited property left by Mr. C, which is the share of the house of C. Ms. D and the child have no other place to live. Dividing the house physically will not ensure the minimum living conditions for Ms. D and the children. Additionally, Ms. D lacks the financial means to buy out the inheritance share of the parents of C. In this case, the division of the inherited property, which is share of the 35 square meter house, would have a significant impact on the livelihood of Ms. D and the children.

4. Importance of Limiting Inheritance Division

In marital and family relations, particularly after divorce, limiting inheritance division plays a critical role in balancing the rights and obligations of the parties involved.

• Protecting vulnerable parties: This measure safeguards minors, elderly individuals, or persons unable to work, ensuring access to housing, basic living conditions, and psychological stability after marital disruptions.
• Maintaining practical stability: Limiting division helps avoid disruption to households or productive assets, such as residences or farmland, preventing long-term adverse consequences.
• Reducing disputes: Postponing inheritance division provides time for negotiation and consensus among heirs, minimizing conflicts and prolonged litigation.

Limitation on the division of spousal inheritance in Vietnam

Overall, this regulation reflects the humane and equitable principles of Vietnamese law, emphasizing not only property rights but also social stability, emotional well-being, and fairness.

5. Key Considerations When Applying Limitations

When applying inheritance division limitations, it is essential to:

• Seek legal advice to ensure a smooth divorce process and protect legitimate rights.
• Understand the temporary nature of the restriction, which does not eliminate the inheritance rights of the heirs.
• Ensure legal grounds and judicial oversight: Any limitation must be based on clear, lawful reasons, and the court has discretion to approve or reject the application.

6. 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.

>>> Read more: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?