Divorce

During the marriage period, the property rights and obligations of spouses towards the common properties of the spouses are equal, irrespective of the properties contributed and created by the spouses during their marital period[3]. Specifically, the common ownership of the spouses is joint ownership – a form of ownership in which the ownership right of…

When the Vietnamese Court is unable to verify owners of a property i.e. real estate or moveable property which is registered overseas, the Vietnamese Court may carry out judicial entrustment procedure. Judicial entrustment is a written request of a Vietnamese competent State authority or a foreign one to carry out one or several mutual legal…

Where the spouse borrowed money from a third party and used that money for personal purposes and the other spouse was unaware of the loan and its use, when resolving the division of common properties during the marriage period, the Court shall determine that this is a private debt of the spouse who has borrowed…

For the properties that are real estate, being mortgaged for loans at commercial banks when requesting a Court to settle this division of such common properties between spouses in a divorce case, there are 02 cases which need to be considered as follows: Case 01: Both the spouses agree on the mortgage of a loan…

According to the provisions of law, as soon as the Court judgement or decision resolving a divorce case takes legal effect, the marriage will be terminated. Relations of the common properties of the spouses also are modified according to the Court’s decision, including real estate which is the house where both spouses live. However, in…

According to the applicable law, spouses have the following common obligations after divorce regarding the obligations arising from[2]: The transactions established under their agreement and their joint liability are prescribed by law; the possession, use and disposition of the common properties; and the performance by a spouse in order to meet the family’s essential needs….

For properties being real estate, it may be divided according to the following ways: (i) dividing the real estate between the spouses; (ii) making sale of real estate and dividing the proceeds; and (iii) giving the properties to one spouse and such property receiving spouse must pay the spouse who is not given the properties…

As a rule, any property which is real estate with a legal ownership right before the marital period is the private property of a spouse. If there was no change in the process before and during the marriage period, which would affect this private ownership, the private ownership status would not change after the divorce….

In a divorce case, the division of the spouses’ common properties can firstly be achieved based on an agreement between the husband, the wife and the family of the husband or that of the wife. If no agreement is reached, the spouses can request the Court to divide pursuant to the regulations of law. As…

According to Article 59.3 of the Law on Marriage and Family 2014, the common properties of the spouses are divided according to type of properties. However, if it is impossible to carry out the division according to the type of properties, the properties shall be divided according to their value. The spouse who shall receive…