Principles of settlement of common property upon divorce

Law on Marriage and Family 2014 stipulated clearly principles of settlement of common property upon divorce in Article 59 and other relating provisions. 

1. What is common property? 

Pursuant to Article 33 Law on Marriage and Family 2014, the common property of husband and wife is defined in the following: 

" Article 33. Common property of husband and wife

1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

3. When exists no ground to prove that property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property." 

Thus, the common property in the case prescribed by law, arising during the marriage of husband and wife without any evidence that it is seperate property, it is considered as common property of husband and wife. 

2. Principles of division of common property upon divorce: 

2.1 In the case of applying the statutory matrimonial property regime 

Vietnamese law still allows husband and wife to settle property as agreed. In the case of applying the statutory matrimonial property regime, the settlement of property upon divorce shall be agreed upon by the parties. If an agreement cannot be reached, at the request of the spouse or husband and wife, the Court shall settle it according to the provisions of Clauses 2, 3, 4 and 5 of Article 59 and Article 60, 61, 62, 63 and 64 of Law on Marriage and Family 2014. 

2.2 In case of applying the agreed matrimonial property regime 

If applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. However, when husband and wife have come to an agreement but if the agreement is not complete and clear,  the corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Article 60, 61, 62, 63 and 64 of Law on Marriage and Family 2014. 

- The common property of husband and wife is divided into half, but taking into account the following factors: 

+ Circumstances of family and of the husband and wife; 

+ Contribution of the husband and wife to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor; 

+ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

+ Faults of each spouse in the infringement of spousal rights and obligations. 

- The common property shall be divided in kind, if it cannot be divided in kind, it shall be divided according to its value; the partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other. 

- The seperate property of a spouse shall be under his/her ownership, except for seperate property already merged into common property in accordance with Law on Marriage and Family 2014. 

- A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife. 

- The lawful rights of wife, minor children, adult children that have lost civil act capacity or have no working capacity and have no property to support themselves shall be protected. 

3. Divorce lawyers service: 

Specifically, after receiving all the information and documents provided by the client, our lawyers will conduct the following tasks:

• Research all information and records provided by the client.

• Consult, and discuss with clients the content of the file and the request to be resolved.

• Compose and prepare documents, they are necessary and correspond to the lawsuit request of the clients.

• Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients. 

• Represent the clients to work and resolve all the problems relating to the divorce of clients. 

• Publicize the processing of records, and regularly update information with clients so that the parties can monitor the work together.​

>>> Read more: Disputes Over The Common Property In Divorce

>>> Read more: How to get a quick unilateral divorce in Vietnam?

For further information, please contact us via email at contact@apolo.com.vn or Hotline: (+84) 903.419.479

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