Question 76: In a divorce case, the Court issues a valid judgement or decision on the division of properties that are in kind to one spouse and requires the other spouse to pay money for the former spouse. However, how to deal with the spouse who receives the properties in kind but does not have sufficient money to pay?

238

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 the properties through a division according to type of properties with a larger value than the portion which should be received by him or her must pay the other spouse the difference of value of properties in cash. In case where the competent Court has determined the spouse who shall receive the properties in kind and that who shall receive the value corresponding to the portion of the properties, but that the spouse who shall receive the properties in kind either does not have enough money or does not implement his or her obligation to pay the value difference to the spouse who did not receive the properties, depending on the specific case, the latter could request the competent enforcement authority to distrain the properties according to execution of the effective judgement and decision on division of common properties of the spouses. Additionally, according to Article 74.3 of the Law on Civil Judgement Enforcement 2008, the spouse who shall not receive the properties is known as a property co-owner and therefore shall have a priority right to buy the properties over any third party. If the properties are purchased, the spouse who shall not receive the properties may pay the value of the properties purchased by subtracting the amount of money that the recipient of the properties must pay. If there are no buyer for the properties, the judgement enforcement authority will pay the spouse who shall not receive the properties after its office carries out the sale of the properties to a third party.

If you would like more information on how we can assist you with divorce issues, please contact us at: +84 (28) 36223522 or email us at info@phuoc-partner.com