Regulations on division of land use rights of husband and wife upon divorce in Vietnam

Regulations on division of land use rights of husband and wife upon divorce in Vietnam

Pursuant to the provisions of Article 62 of the Law on Marriage and Family 2014, land use rights being separate property of a spouse remain under his/her ownership upon divorce in Vietnam.

The division of land use rights being common property of husband and wife upon divorce shall be divided as follows:

- For agricultural land under annual crops or aquaculture, if both partners have the need and conditions to directly use the land, the land use rights shall be divided under their agreement. If they fail to reach agreement thereon, they may request a court to settle it according to Article 59 of the Law on Marriage and Family 2014.

When only one partner has the need and conditions to directly use the land, that partner may continue to use the land but shall pay to the other the portion of the land use right value the latter is entitled to;

- When husband and wife share the right to use agricultural land under annual crops or aquaculture with their household, upon divorce, the couple’s portion of the land use right shall be separated and divided under Point a of Clause 1 of Article 62 of the Law on Marriage and Family 2014;

- For agricultural land under perennial trees, forestry land for forestation or residential land, the land use rights shall be divided according to Article 59 of the Law on Marriage and Family 2014;

- The division of the rights to use land of other categories must comply with the land law.

For husband and wife living with their family and sharing no land use rights with the latter, upon divorce, the interests of the partner who has no land use rights and does not continue to live with the family shall be settled according to Article 61 of the Law on Marriage and Family 2014.

Regulations on division of land use rights of husband and wife upon divorce in Vietnam (Internet image)

Principles of settlement of property of husband and wife upon divorce in Vietnam

Pursuant to Article 59 of the Law on Marriage and Family 2014, the principles of settlement of property of husband and wife upon divorce include:

(1) The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014.

In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014.

(2) Common property shall be divided into two, taking into account the following factors:

- Circumstances of the family, husband and wife;

- Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

- Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

- Each spouse’s faults in the infringement of spousal rights and obligations.

(3) Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.

(4) Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with the Law on Marriage and Family 2014.

A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.

(5) The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.

Mai Thanh Loi

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