Division of Marital Property on Divorce in Vietnam

Dividing property is often the most complex part of a divorce. Under the Law on Marriage and Family 2014, spouses are free to agree how to divide their assets, and the court will respect a fair agreement. Where they cannot agree, the court divides the marital property according to legal principles.

Common property and separate property

The law distinguishes between common property, generally acquired during the marriage, and the separate property of each spouse, such as assets owned before marriage or received individually by inheritance or gift. Only common property is divided between the spouses; separate property, in principle, remains with its owner unless it has been merged into common property.

The principle of division

Common property is divided in principle equally, but the court adjusts each share taking into account relevant circumstances, including:

• The contribution of each spouse to creating and maintaining the property, recognising that homemaking is treated as contributing work.
• The circumstances of the family and of each spouse.
• The interests of legitimate production, business and professional activity so that parties can continue to work.
• Any fault in the breakdown of the marriage.

Land and titled assets

Where property includes land or a house, division must comply with the Land Law and related rules on land-use rights and title. Valuation may be required, and the parties or the court decide whether an asset is shared, allocated to one spouse with compensation to the other, or sold and the proceeds divided.

Frequently asked questions

Is property always divided fifty-fifty?

Division starts from an equal principle but is adjusted for contributions and other circumstances, so shares are not always identical.

Does property owned before marriage get divided?

Separate property generally remains with its owner unless it has been combined into common property.

How is a shared house handled?

A house may be allocated to one spouse with compensation to the other, or sold with the proceeds divided, following the Land Law.

How LTV Law helps

LTV Law helps identify common and separate property, values assets and negotiates or litigates a fair division; to protect your interests, contact our team.

This article is for general information only and does not constitute legal advice.