07/10/2022 09:47

Collection of judgments on division of common property after divorce in Vietnam

Collection of judgments on division of common property after divorce in Vietnam

“My husband and I often have conflicts about business investment, so we want to divide the common property during our marriage in order to invest in each own business. Therefore, I hope LawNet find some judgments on the issue of division of common property for my reference. Thank you!”_ Phuong Thao (Binh Dinh)

Hello Ms. Thao, to meet your requirement, LawNet would like to send you some of the following judgments:

1. Judgment 03/2018/HNGĐ-PT dated January 15, 2018 on  division of common property during the marriage period

+ Adjudicated by: People's Court of Can Tho city.

+ Quote from the content: "Mr. A and Ms. Tran Thi B registered their marriage in 1988. Due to do not having the same thought, they have been separated since 2011. In the process of living together, they have created property and the family economy is handled by Mr A while Ms. B has no contribution, so he asked to divide the common property as follows: Request Mrs. B to pay the amount of 92,000,000 VND which is the money that Ms. B took from him to lend to others with the same interest, specifically the amount of 60,000,000 VND with the interest rate of 3%/month from March 1, 1999 and 32,000. 000 VND with interest rate of 2.5%/month from January, 1, 2004 to the date of the first-instance trial. Moreover, according to the additional petition, he also asked to divide the money in the ATM card and the money to buy Company X shares of Ms. B which he did not know the exact amount. In addition, Mr. A requires Ms. B to contribute to family obligations with the amount of VND 2,000,000/month, from 2012 to 2020.”

2. Judgment 16/2021/HNGĐ-PT dated February 1, 2021 on division of common property

+ Adjudicated by: Hanoi People's Court.

+ Quote from the content: Mrs Y married Mr. D in 1959 and they have had 3 children together. During the marriage time, Y and her husband have created common property of housing and land on an area of ​​276.3 m2 of land at XX, La Khe ward, Ha Dong district, Hanoi. Because they did not agree on the use of the above-mentioned land, they filed a lawsuit to propose the Court to divide the common property during the marriage period, which is house and land on an area of 276.3m2 at XX, La Khe ward, Ha district East, Hanoi city.”

3. Judgment  20/2018/HNGĐ-ST  dated September 27, 2018 on division common property during the marriage period

+ Adjudicated by: People's Court of Tra Vinh province.

+ Quote from the content: "Mr. Quach Van C requested the Court to divide the common property amount of 700,000,000 VND which is deposited at Commercial Bank C, branch T into two parts, each person is entitled to 350,000,000 VND. Currently, the amount of VND 700,000,000 is being blocked to ensure the execution of the judgment under the decision on application of temporary emergency measures No. 02/2016 dated November 21, 2016 of the People's Court of Tra Vinh province to ensure the execution of the judgment 03/2017/DSST dated March 13, 2017 of the People's Court of Tra Vinh province, forcing Ms. Lu Thi Kim D to pay an amount of USD 30,000 equivalent to VND 684,600,000 to Ms. Ward, Tien L. This is the case "Request for division of common property during the marriage period"; The person with related rights and obligations in this case is Mrs. Ward, Tien L living in the United States.

4. Judgment  21/2020/HNGĐ-PT  dated July 31, 2020 on division of common property during the marriage period

+ Adjudicated by: People's Court of Nghe An province.

+ Quote from the content: “Ms. Phan Thi Tr and Mr. Ngu Hong H got married on April 9, 2012. Currently, they are separated, Mr. Ngu Hong H locks the door to prevent Ms. Tr from staying in the house. Mr. Ngu Hong H is residing and living in Mong Cai city, Quang Ninh. In order to ensure the life of mother and daughter, Ms. Tr proposed that the People's Court D divide the common property during the marriage of husband and wife so that the mother and daughter of Ms. for Mr. H to use and own land plot 901, map sheet No. 03 with an area of ​​75m2, in the North block, commune D, district D together with more valuable assets on the land, Mr. H does not have to deduct the difference in value for Ms. Tr."

5. Judgment 19/2019/HNGĐ-PT dated July 5, 2019 on division of common property during the marriage period

+ Adjudicated by: Superior People's Court in Ho Chi Minh City.

Quote from the content: “Mr. Dao The ND and Mrs. Kim Tuyet BD got married in 2005. Before that, Ms. BD was given a house by her parents who are Mr. Kim B and Ms. Nguyen Thi K in 2002. Because the house was degraded and damaged, Mr. ND spent VND 650,000,000 to repair and rebuild the house and completed the construction with witnesses as Mr. Nguyen Van NLC1, Mr. Ngo. Le Vinh NLC2, Mr. Vo Thanh NLC3 confirmed in December 2015. In early 2016, Mr. ND discovered that Ms. BD sold the house above to Mr. Thoi Van NLQ1 for VND 1,700,000,000, Ms. BD received VND 1,650,000,000, Ms. BD voluntarily sold the house without Mr. ND's consent.

6. Judgment 07/2018/HN-PT dated 11/01/2018 on division common property during the marriage period

+ Adjudicated by: People's Court of Ben Tre province.

Quote from the content: "Ms. D and Mr. Nguyen Van R got married in 1969. They registered their marriage at the People's Committee of T commune in 1996. After their marriage, they lived with mother-in-law in T hamlet, T commune and her mother-in-law gave her and her husband more than 15 public lands in hamlet T, commune T, district M, Ben Tre province, including land plot No. 3585, but Mr. R has sold a part of this land, currently remaining 1,088.3m2 and now Mr. R has been granted a land use right certificate in 2014. The remaining land plots were granted a land use right certificate in 1997, in the name of Mr. R on behalf of the household. Due to many conflicts in their married life, so the couple had been separated since 1987, but she still visited her mother-in-law and made a marriage certificate in 1996. She identified the land plot No. 3585 area 1,645.8m2 in hamlet T, Commune T as the common property of her and Mr. R because it was given as a gift. In fact, she has not managed and used this land for a day. Now, she asks the Court to decide to divide 822.9m2 of land as part of plot 3585. As for the land that Mr. R has sold, she does not ask the Court to annul these contracts because this is Mr. R's decision on his own part of the common property.”

7. Judgment 08/2019/HNGĐ-PT dated March 7, 2019 on the division of common property during the marriage period

+ Adjudicated by: People's Court of Tien Giang province.        

+ Quote from the content: “Mr. M and Mr.C have lived together without marriage registration since 1963. During the process of living together, they have a common property consisting of 03 land parts belonging to plot No. 356, map sheet No. 25 with an area of ​​12,203m2, located in Hamlet B, Commune T, District C, Tien Giang Province. Specifically: In 1969, Mr. M inherited 4,000m2 from his father and mother; In 1974, Mr. M and Mr. C bought 4,203m2, currently on this land there are permanent houses worth about 200,000,000 VND; In 1988, Mr. M and Mr. C bought 4,000m2 of road 864. Now, due to their separate needs, Mr. M sues to request the Court to divide the common property of husband and wife in half, specifically: Mr. M asks to divide 4,000 m2 of land left by his parents and 2,000m2 of land in front of provincial road 864, located in hamlet B, commune T, district C, Tien Giang province; Divide to Mr. M ½ the value of the house according to the appraisal minutes dated January 10, 2018.”

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
31


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