Principles of dividing common property upon divorce

When a marriage comes to an end, dividing common property upon divorce is one of the most complicated and contentious issues. Understanding the principles of property division during divorce not only helps protect individual rights but also ensures fairness and reduces prolonged conflict. 

1. What is considered common property?

According to the Law on Marriage and Family of Vietnam, common property of spouses includes:

• Property created by spouses during the marriage, such as salaries, income from business activities, profits, and yields from property.
• Property inherited or gifted jointly.
• Assets acquired or accumulated during the marriage, unless there is clear evidence proving they are separate property

Note: If there is no prior agreement between the parties, common property will be divided according to legal principles during divorce.

Principles of dividing common property upon divorce

2. Principles of dividing common property upon divorce

a. Principle of equality

According to Article 59 of the 2014 Law on Marriage and Family, the division of common property must ensure fairness between the spouses, based on the principle of equality in rights and obligations.

Principles of dividing common property upon divorce

b. Consideration of contributions

The court will assess the level of contribution each party made in creating, maintaining, and increasing the value of the common property. The party who contributed more may be entitled to a larger share.

c. Prioritizing the interests of children

The division must also take into account the living conditions, care, and education of children after the divorce. In some cases, property may be allocated with priority to the parent who directly raises the children.

d. Protecting the disadvantaged party

If one party is in a more difficult situation after divorce (e.g., in terms of health, income, or capacity to work), the court may allocate a larger portion of property to that party to ensure their minimum livelihood.

e. Preference for division in kind

Where possible, property should be divided in kind (actual physical division). If this is not feasible, it should be divided based on value, and the party receiving more property must compensate the other party for the difference.

3. Important notes when dividing common property

• Spouses may reach an agreement on property division before or during the divorce process. If no agreement is reached, the court will make the decision.
• Separate property is not subject to division, unless it has been mixed with common property without clear evidence.
• Joint debts must also be divided proportionally according to each party responsibility.
• Evidence is crucial: Documentation proving ownership, level of contribution, or existing property agreements will support the court in making an accurate judgment.

Dividing common property upon divorce is not a simple 50/50 split — it requires consideration of legal principles and actual circumstances. Mastering the principles of property division upon divorce helps individuals prepare effectively and avoid unnecessary losses during the divorce process. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

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