Division Of Property After Divorce in Vietnam And Everything You Need To Know
Divorce is never easy, especially because it can take your properties away. In Vietnam, there are two options for you to divide your joint property in the event of a divorce.
- Either both parties mutually agree on how the joint properties will be divided. In this case, you must send a request to the Court for the authentication of the agreement. It is the fastest and less expensive way.
- Or, both parties disagree on how the properties should be divided. In such a case, you can resort to the Court to enforce the division of properties under Vietnamese laws. It is not always a 50/50 split, the Court ruling may be based on many factors, such as:
a) Current status of your family;
b) Your respective contribution to the creation, maintaining, and development of the property;
c) Your lawfully rights and interests;
d) Your respective fault in violation of wife/husband rights and obligations (such as adultery); and
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Division of properties does not necessarily mean a physical division. Instead, the Court may award each of you a percentage of the total value of the property. For instance, in a 50/50 split, you can be awarded 70% of the joint property (for instance 70% of the house value) but you must pay your spouse an equivalent of 20% to make up for the difference.
It seems easy but the most difficult part is how to identify which one is a separate property, which one is a joint property and the ratio of contribution. Separate property is a property that existed before marriage; a property that a spouse is inherited or gifted in his/her own name and earnings from that property; etc. Joint property includes all earnings during marriage and everything acquired with those earnings.
The Court procedure for division of property may differ, commonly around 4 to 6 months, or one to two years in some special cases. It is better to consult a marriage lawyer before you proceed with the divorce.
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