In case a wife discovers secret property of her husband after divorce, how shall this property be resolved according to the law in Vietnam?

1. Is the hidden asset of the husband discovered after divorce considered marital property according to the law in Vietnam?

Pursuant to Article 33 of the Law on Marriage and Family 2014 of Vietnam, the joint property of husband and wife is regulated as follows:

- The joint property of husband and wife includes assets created by either or both spouses, income derived from labor, production, business activities, yields, profits generated from separate property, and other legal incomes during the marriage period, except as specified in Clause 1 of Article 40 of the Law on Marriage and Family 2014; assets inherited or gifted jointly, and other assets agreed by both spouses to be joint property.

- The land use rights obtained after marriage by either spouse are considered joint property, except where one spouse inherits separately, is gifted separately, or acquires through transactions made with separate property.

- The joint property of husband and wife is jointly owned and is used to ensure the family’s needs and fulfill joint obligations.

- In the absence of evidence proving that the disputed property is separate property, it is presumed to be joint property.

Additionally, as specified in Article 10 of Decree 126/2014/ND-CP explaining yields and profits derived from separate property of husband and wife:

- Yields derived from the separate property of husband or wife are natural products obtained from such separate property.

- Profits derived from the separate property of husband or wife are the earnings gained from exploiting such separate property.

Thus, according to the above regulations, the primary definition of "Joint Property" of husband and wife is co-owned by both parties, while the "Marriage Period" is understood as the span from the registration of marriage until its termination (i.e., the date of the official divorce decision by the court).

Therefore, in this scenario, if the hidden asset of the husband is discovered after divorce but there is sufficient evidence to prove that this disputed property was formed during the marriage period, the wife has the right to file a lawsuit with the competent court to request the division of joint property after the divorce due to asset disputes. The court will need to verify several factors to determine whether the asset is joint or separate property of the spouses.

Specifically, to divide the asset, it must be proven that the husband secretly hid the asset during the marriage, including:

- The amount and location of the asset, whether there are any receipts or agreements.

- If there are any witnesses.

- If the asset was deposited in a bank, evidence such as savings books, credit cards, or codes of these books/cards.

- If invested in stocks or bonds, evidence such as photocopies of bonds, stocks, or related documents and receipts.

2. In case a wife discovers secret property of her husband after divorce, how shall this property be resolved according to the law in Vietnam?

Regarding the issue of filing a lawsuit with the competent court in Vietnam to request the division of disputed property after divorce, specifically the husband's "hidden assets," the plaintiff needs to note that this is a civil relationship. Hence, it is necessary to initiate a civil lawsuit about dividing joint property after divorce at the district-level people’s court. The plaintiff needs to prepare a dossier that includes:

- A petition requesting the division of the disputed property after divorce;

- According to Article 91 of the Civil Procedure Code 2015 concerning the obligation to present evidence, accompanying documents must substantiate the grounds for the lawsuit;

- Additionally, other documents should be attached, such as: Identity card, citizenship card or other personal identification documents; household registration book; court judgment or decision on divorce; documents proving rights to marital joint property.

As soon as the court issues a decision based on verified evidence proving that the husband’s hidden asset is joint property after the divorce, the resolution of marital property is governed by Article 59 of the Law on Marriage and Family 2014 as follows:

Article 59. Principles for settlement of property of husband and wife upon divorce

1. Where the property regime of husband and wife is governed by law, the settlement of property shall be agreed upon by the parties; if an agreement cannot be reached, at the request of either spouse or both, the court shall settle according to Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.

Where the property regime of husband and wife is agreed upon, the property shall be settled according to such agreement. If the agreement is not comprehensive and clear, Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law shall apply for settlement.

2. Joint property of husband and wife shall be divided in half, taking into account the following factors:

a) The family and husband/wife’s circumstances;

b) The contribution of each spouse to the creation, maintenance, and development of the joint property. Labor by the husband or wife in the family shall be considered as income-generating labor;

c) The rightful interests of each spouse in production, business, and vocation shall be protected to enable them to continue generating income;

d) Fault of each spouse in violating the rights and obligations of husband and wife;

e) Joint property of husband and wife shall be divided in kind, but if it cannot be divided in kind, it shall be divided based on value. The spouse receiving the larger share of the property in kind shall compensate the other by cash for the difference;

f) If there is a merger or mix-up of separate with joint property that cannot be settled by agreement and a spouse claims a share of the property, he/she shall be paid the value of his/her contribution, unless agreed otherwise;

g) The legal rights and interests of minor or adult children who have lost the ability to work or are unable to live on their own shall be protected;

h) The Supreme People’s Court, in collaboration with the Supreme People’s Procuracy and the Ministry of Justice, shall guide the implementation of this Article.

Thus, the request for division of disputed joint property requires crucial verification and evidence gathering, which significantly influences the court’s verdict. It can be resolved by agreement between the parties on how to divide the joint property. If they cannot reach an agreement or if the agreement is incomplete, either party can request the court to handle the division based on the principle of equal division. The court will consider the following factors to determine the ratio of property division:

- The family's and spouses' circumstances;

- The contribution of each spouse to the creation, maintenance, and development of the joint property;

- Protecting the lawful interests of each spouse in production, business, and vocations to enable them to continue generating income.

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