Is the death of the husband considered the termination of the marital relationship according to the law in Vietnam?

Hello Madam,

The Editorial Board responds as follows:

1. Is the death of the husband considered the termination of the marital relationship in Vietnam?

According to Article 65 of the Vietnamese Law on Marriage and Family 2014, the time of termination of marriage is regulated as follows:

- The marriage terminates from the time either the husband or the wife dies.

- In cases where the Court declares either the husband or the wife dead, the time of marriage termination is determined according to the date of death recorded in the court's judgment or decision.

Thus, the husband's death is considered the time of termination of the marital relationship.

2. How is the property settled when the husband dies according to the law in Vietnam?

According to Article 66 of the Vietnamese Law on Marriage and Family 2014, the properties of the spouses in cases where one party dies or is declared dead by the Court are settled as follows:

- When one party dies, or is declared dead by the Court, the surviving party manages the joint property of the spouses, except in cases where the will specifies another person to manage the estate, or the heirs agree to appoint another person to manage the estate.

- When there is a request for inheritance division, the joint property of the spouses shall be divided equally, except in cases where the spouses have agreements on property policies. The portion of the deceased spouse's property shall be divided according to the inheritance law.

- In cases where the division of the inheritance seriously affects the living conditions of the surviving spouse and family, the surviving spouse has the right to request the Court to limit the division of the inheritance in accordance with the Civil Code.

- The joint property of business spouses is settled under the provisions of Clauses 1, 2, and 3, Article 66 of the Vietnamese Law on Marriage and Family 2014, except where business laws provide otherwise.

Thus, when the husband dies or is declared dead by the Court, the joint property is divided equally between the wife and the husband’s heirs, except for cases with other agreements on property policies or according to a will. The wife has the right to request a limitation on the division of property if it seriously affects her living conditions.

3. How is the property settled when the husband declared dead returns according to the law in Vietnam?

According to Article 67 of the Vietnamese Law on Marriage and Family 2014, if the husband declared dead returns, the property is settled as follows:

- When the Court issues a decision to annul the declaration of death, and the spouse has not remarried, the marital relationship is restored from the time of the marriage.

+ In cases where there is a divorce decision by the Court under Clause 2, Article 56 of the Vietnamese Law on Marriage and Family 2014, the divorce decision remains in effect.

+ In cases where the spouse has remarried, the new marital relationship is legally valid.

- The property relationship of the person who returned from the declaration of death with the spouse is settled as follows:

+ If the marriage is restored, the property relationship is restored from the time the Court’s decision to annul the declaration of death takes effect.

Note: Property acquired by the spouse from the time the Court’s decision declaring the husband dead takes effect until the annulment decision takes effect is the separate property of the spouse.

+ If the marriage is not restored, the property acquired before the Court’s decision declaring the spouse dead takes effect and has not been divided, shall be settled as property division upon divorce.

Therefore, if the husband declared dead returns, the property is settled as follows:

- If the marriage is restored: the property relationship is restored from the time the declaration of death is annulled.

- If the marriage is not restored: the property acquired before the declaration of death and has not been divided shall be settled as property division upon divorce.

Note: Property acquired by the wife after the declaration of the husband's death until the annulment is the separate property of the wife.

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