Resolution of property disputes after divorce

Resolving property disputes after divorce is a common legal issue that arises when the termination of a marriage leads to tensions and conflicts between the parties. A fair and reasonable division of assets not only protects the rights of the individuals involved but also impacts their future lives. Understanding legal regulations and seeking assistance from experienced and specialized lawyers is essential to ensure a swift, effective, and lawful dispute resolution process.

Principles for resolving property disputes after divorce

The principles for resolving property disputes after divorce aim to ensure fairness, transparency, and the protection of each party’s legitimate rights in dividing marital assets while also determining the rights and obligations regarding separate property. According to article 59 of the 2014 law on marriage and family, the specific principles for resolving property disputes after divorce are as follows:

“1. If the property regime of the spouses is governed by law, the division of property shall be agreed upon by both parties. If no agreement is reached, the division shall be handled by the court upon the request of one or both parties, following the provisions of clauses 2, 3, 4, and 5 of this article and articles 60, 61, 62, 63, and 64 of this law.
If the property regime is based on an agreement, the property division upon divorce shall comply with that agreement. If the agreement is incomplete or unclear, the relevant provisions in clauses 2, 3, 4, and 5 of this article and articles 60, 61, 62, 63, and 64 of this law shall apply.
The common property of the spouses shall be divided equally, considering the following factors:
a) The circumstances of the family and each spouse
b) The contributions of each spouse in creating, maintaining, and developing common property. The labor of each spouse within the household is considered as income-generating labor
c) The legitimate interests of each party in production, business, and professional activities, ensuring they have the means to continue working and generating income
d) The faults of each party in violating the rights and obligations of the spouses
3. The common property of the spouses shall be divided in kind; if it cannot be divided in kind, it shall be divided based on its value. The party receiving property in kind with a higher value than their entitled share must compensate the other party for the difference
4. Separate property of each spouse remains their own unless it has been merged into common property as prescribed by this law. In cases where separate property is mixed with common property, the contributing party is entitled to reimbursement for their contribution unless otherwise agreed upon by both parties
5. The rights and legitimate interests of the wife, minor children, adult children with disabilities, or those incapable of working and lacking financial support shall be protected
6. The supreme people’s court, in coordination with the supreme people’s procuracy and the ministry of justice, shall provide guidance on this article.”

Accordingly, the court will divide common property based on the requests of the divorcing parties. If one party submits a specific request while the other does not, the court will resolve the matter according to the specific request unless it deems it necessary to protect the rights of mothers and children.

Classification of marital and separate property after divorce

Under Vietnam’s law on marriage and family, a couple’s assets are classified into marital property and separate property. The table below helps identify the nature of assets:

Jurisdiction for resolving property disputes after divorce

According to clause 1, article 35 of the 2015 civil procedure code, disputes regarding civil matters, marriage, and family law fall under the jurisdiction of district-level courts.

Additionally, clause 1, article 39 of the civil procedure code specifies the territorial jurisdiction of courts as follows:

“1. The jurisdiction of courts over civil cases is determined as follows:
a) The court where the defendant resides or works shall have jurisdiction over cases involving individuals, or where the defendant’s headquarters is located if the case involves an organization
b) The litigants may agree in writing to request the court where the plaintiff resides or works to handle the dispute
c) If the dispute concerns real estate, only the court where the property is located has jurisdiction”

Based on these legal provisions:

• The district-level court where the defendant resides or works has jurisdiction over divorce-related disputes

• If both parties agree, the plaintiff’s local court may handle the case

• For property disputes involving real estate, only the court where the real estate is located has jurisdiction

BKC Law’s legal support for property disputes after divorce

BKC law provides comprehensive legal services to assist clients in resolving post-divorce disputes, including property division, child custody, alimony, and debt allocation. With a team of highly experienced lawyers specializing in family law, BKC law ensures the protection of clients’ rights while expediting dispute resolution in a cost-effective and efficient manner.

Our services aim to facilitate amicable settlements while ensuring fairness and legal compliance in property division and child custody matters.

For free legal consultation, please contact us:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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