The Right to stay of a spouse upon divorce

The right to stay of a spouse upon divorce is a crucial legal mechanism designed to balance the interests of both parties after the termination of a marriage. Understanding regulations on the right of residence, post-divorce residence rights, and the applicable duration of residence helps individuals better protect their lawful interests. It ensures that divorce proceedings are conducted in a civilized, humane, and lawful manner. 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 the regulation

Residence refers to the situation in which an individual is permitted to continue living in a certain property for a specific period of time, even though that person no longer holds ownership or co-ownership of such property.

Accordingly, the right of residence for a spouse upon divorce means the right of one party to remain in a house owned by the other party for a certain period after the divorce. This right is often granted when one party has no other suitable accommodation or faces difficult personal circumstances.

The right to stay of a spouse upon divorce

 2. Legal Provisions

Under Article 63 of the Law on Marriage and Family 2014 concerning the right of residence for spouses upon divorce:

“A house which is separate property of a spouse and has been put to common use remains under his/her ownership upon divorce. In case the other partner has accommodation difficulties, unless otherwise agreed by the partners, he/she has the right to stay at the house for 6 months at most from the date of termination of the marriage relation.”

Accordingly, the right of residence is applied when the Court determines that one party encounters housing difficulties and cannot immediately vacate the former common residence. However, the residing party must respect the ownership and lawful use of the property by the other party and must not obstruct or infringe upon the legitimate rights of the property owner.

 3. Duration of the right to stay of a spouse upon divorce

According to Article 63 of the Law on Marriage and Family 2014, the right of residence is valid for 06 (six) months from the date the marital relationship officially ends. This duration is considered reasonable as it allows sufficient time for the residing party to secure new accommodation. Nevertheless, the period of residence may be shorter or longer based on mutual agreement between the parties.

Example: After a divorce, if the wife has no private residence and is responsible for caring for a young child, the Court may allow her to remain in the apartment of her old husband for six months in order to arrange stable living conditions for herself and the child.

 4. The essence of regulating this right

The right of residence for spouses upon divorce carries both humanitarian and practical significance. It protects the weaker party after the divorce and provides adequate time to secure a safe living environment. Furthermore, the regulation ensures family stability and prevents sudden disruptions in living arrangements.

The right to stay of a spouse upon divorce

This provision also facilitates a smooth transition from married life to independent living, enabling both parties to make necessary financial and housing arrangements. It reflects the humane and rational values embedded in Vietnamese Law, ensuring respect for human rights during divorce proceedings.

 5. Key considerations

The right of residence for spouses upon divorce is temporary and does not create ownership or long-term usage rights over the property. The residing spouse must ensure the following:

• Compliance with the residence terms prescribed by the Court or mutually agreed upon by both parties.
• No obstruction to rights belonging to the property owner of management, use, and disposition.
• Timely vacating of the premises once the residence period ends, avoiding intentional acts that hinder the property owner.

For the non-residing party, reasonable accommodation should be provided during the permitted residence period. At the same time, mutual respect must be maintained, and no violations of basic rights and lawful interests of the residing party should occur.

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?