How are assets divided when there is no marriage registration?
This is a question posed by many couples who live together as husband and wife but do not register their marriage, and one day, they no longer wish to live together.
Article table of contents
Division of assets without marriage registration - Illustrative image
Regarding this matter, the LAW SECRETARY Editorial Board would like to clarify as follows:
According to the provisions of Article 16 of the 2014 Law on Marriage and Family:
Article 16. Settlement of property relations, obligations, and contracts of men and women living together as husband and wife without marriage registration
1. Property relations, obligations, and contracts of men and women living together as husband and wife without marriage registration will be settled according to the parties' agreement; in case there is no agreement, it will be settled according to the provisions of the Civil Code and other relevant legal provisions.
2. The settlement of property relations must ensure the legitimate rights and interests of women and children; housework and other related tasks to maintain the common life shall be regarded as income-generating labor.
In cases where couples live together without marriage registration, the assets formed during the time they live together can be considered joint property. If they separate, the division of the joint assets can be resolved according to their agreement.
Furthermore, since their spousal relationship is not recognized due to the lack of marriage registration, this relationship is only considered as cohabitation. Therefore, if couples no longer wish to live together, they do not need to go through divorce procedures.
If the parties cannot agree on the division of assets, the dispute will be resolved according to Article 219 of the 2015 Civil Code on the division of jointly owned assets. Specifically:
Article 219. Division of jointly owned assets
1. In case of divisible joint ownership, each co-owner has the right to request the division of joint property; if the state of joint ownership must be maintained for a period of time according to the agreement of the co-owners or according to the law, each co-owner only has the right to request the division of joint property after that period; when the joint property cannot be divided in kind, the co-owner requesting the division has the right to sell their share of the ownership right, unless otherwise agreed by the co-owners.
2. In case someone requests one of the co-owners to fulfill the payment obligation and that co-owner does not have separate property or the separate property is insufficient for the payment, the requester has the right to request the division of joint property and participate in the division of joint property, except where otherwise provided by law.
If the divided share in kind is not possible or the division is opposed by the remaining co-owners, the requester has the right to request the debtor to sell their share of the ownership right to fulfill the payment obligation.
Thus, according to the above provisions, the division of joint assets between two people living together as husband and wife without marriage registration will first be resolved based on the agreement between the two parties. If an agreement cannot be reached, either party can file a lawsuit in court. Assets that either party can prove were contributed by their own labor or money will be considered joint property, and the division will be based on each party's contribution. Assets independently created by each party will be considered separate property and do not need to be divided.
Nguyen Trinh
