Resolving Property Disputes After Divorce

Resolving property disputes after divorce is a common legal issue that arises after the termination of a marital relationship and often causes tension and conflict between the parties involved. The fair and reasonable division of property not only protects the legal rights and interests of both parties but also significantly affects their future lives. Understanding the relevant legal regulations and seeking assistance from experienced and qualified lawyers is essential to ensure that the dispute resolution process is conducted quickly, effectively, and in accordance with the law.

Principles for Resolving Property Disputes After Divorce

The principles governing the resolution of property disputes after divorce aim to ensure fairness, transparency, and the protection of the legitimate rights of each party in the division of marital property, while also clarifying the rights and obligations related to separate property.

According to Article 59 of the Law on Marriage and Family 2014, the principles for resolving property disputes after divorce are regulated as follows.

In cases where the marital property regime is governed by statutory law, the division of property shall be based on the agreement of the parties. If the parties cannot reach an agreement, the Court will resolve the matter at the request of either spouse or both spouses in accordance with the provisions of the law.

If the marital property regime is based on an agreement between the spouses, the division of property upon divorce shall follow that agreement. If the agreement is incomplete or unclear, the relevant provisions of the law will be applied to resolve the dispute.

In principle, the common property of the spouses is divided equally, but the court will also consider several factors. These include the circumstances of the family and each spouse, the contribution of each spouse to the creation, maintenance, and development of the common property, and the protection of legitimate interests in business and professional activities so that both parties can continue to generate income.

The court may also consider the fault of each party in violating the rights and obligations of the marital relationship.

Common property is generally divided in kind whenever possible. If it cannot be physically divided, it will be divided based on its value. If one party receives property with a value greater than their entitled share, they must compensate the other party for the difference.

Separate property belongs to the spouse who owns it, unless it has been merged with the common property under the provisions of the law. If separate property has been mixed with common property and a division is requested, the contributing spouse may be entitled to receive the value of their contribution, unless otherwise agreed.

In addition, the law also prioritizes the protection of the legitimate rights and interests of wives and minor children, as well as adult children who have lost civil capacity or are unable to work and support themselves.

In practice, the requests made by the parties during divorce proceedings will serve as the basis for the court to divide the common property. If only one party makes a specific request regarding property division, the court will generally resolve the dispute based on that request unless it is necessary to protect the rights and interests of the mother or children.

Determining Separate Property and Common Property of Spouses

According to Vietnamese law on marriage and family, the property of spouses is divided into two main categories: common property and separate property.

Common property refers to assets formed during the marriage through the joint efforts and economic cooperation of the spouses. This may include income from salaries, bonuses, savings, business activities, or investments generated during the marriage. It also includes profits derived from the separate property of either spouse, assets jointly inherited or gifted to both spouses, property used for family needs and common obligations, and any assets agreed by both parties to be common property.

Separate property refers to assets owned individually by either spouse before the marriage or assets that are inherited or gifted exclusively to one spouse during the marriage. It may also include assets created independently by one spouse without the use of common property or joint efforts, as well as compensation payments such as insurance benefits or damages received individually.

For example, if a married couple purchases a piece of land together and both names appear on the ownership certificate, that land will be considered common property and will be divided between them upon divorce. On the other hand, if a spouse receives land as a personal gift from their parents during the marriage and the gift is clearly intended for that individual only, the land will be considered separate property and will not be subject to division upon divorce.

Jurisdiction for Resolving Post-Divorce Disputes

According to Clause 1 Article 35 of the Civil Procedure Code 2015, disputes related to civil matters, marriage and family matters generally fall under the jurisdiction of the People’s Courts at the district level, except for certain specific cases.

Additionally, Article 39 of the Civil Procedure Code 2015 provides regulations on jurisdiction based on territory.

Under these provisions, the competent court is typically the court where the defendant resides or works if the defendant is an individual, or where the defendant has its headquarters if the defendant is an organization.

However, the parties may agree in writing to request the court where the plaintiff resides or works to resolve the dispute. In such cases, the plaintiff may submit the case to the court in their place of residence.

For disputes involving real estate, the competent court is the court where the real estate is located.

Based on these legal provisions, property disputes after divorce are generally resolved by the district-level People’s Court where the defendant resides or works, unless the parties reach another lawful agreement or the dispute involves real estate.

Divorce Dispute Resolution Support Services at BKC Law

BKC Law provides comprehensive legal services to assist clients in resolving disputes that arise after divorce, including property division, child custody, alimony obligations, and debt allocation. With a team of experienced lawyers who have deep knowledge of family and marriage law, BKC Law is committed to protecting the legitimate rights and interests of our clients while helping to accelerate the dispute resolution process in an efficient and cost-effective manner.

Our services aim not only to support fair negotiation and mediation between the parties but also to ensure legal fairness and protect the rights of each party in matters involving property division and child custody arrangements.

Contact Us

Phone: 0901 333 341
Email: info@bkclaw.vn

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