House bought before marriage: Does divorce require division?

In modern life atVietnam, many couples buy a house before getting married. When divorce occurs, the question is:Does a house purchased before marriage have to be divided?Many people still mistakenly believe that even if they buy it before the wedding, they still have to divide it when they divorce, but according to current law, this property belongs to them alone if they are not merged into common property. The following article will clarify opinions and explain in detail according to legal regulationsin Vietnam, with Dedica offering practical advice.

1. Concept of separate and common property in marriage in Vietnam

According toArticle 43 of the Law on Marriage and Family 2014

• Private propertyof spouse includes:

  • Assets that existed before marriage (such as a house purchased before marriage, a car, personal money, etc.).

  • Property inherited or gifted separately during marriage.

  • Assets serving personal needs, income from private assets...

• Common propertyincluding:

  • Income and personal property interests during marriage.

  • Property is inherited or donated jointly.

  • Property when husband and wife have an agreement or join together.

2. House purchased before marriage: Does it have to be divided upon divorce?

2.1 House purchased before wedding - considered private property

If you buy a house with one party's personal moneybefore the time of marriage registration, that property is defined asprivate propertyaccording to law. When divorced, the buyer will continue to own the house,There is no obligation to dividethis portion of property.

2.2 Unless separate property has been entered into jointly

According toArticle 46According to Marriage & Family Law, if husband and wife have a written agreement (notarized/authenticated) to include separate property in common property, that property will become common.

For example, if a husband and wife contribute money to repair a house, their names are recorded on the red book, which means the house is included in common property.

2.3 Income from separate property is common property that can be divided

In the event that one party leases, leases or operates a home purchased before marriage, sectionincome (rent, profit)Income earned during the marriage is consideredcommon property, can be divided upon divorce.

3. Actual situation:

Situation: Ms. B in Hanoi bought a 2 billion VND apartment with her own savings before registering her marriage. After the wedding, she and her husband lived in that apartment, the husband contributed money for renovation, an additional 300 million VND. During the divorce, the husband asked to divide the apartment.

Legal analysis

• The apartment is Ms. B's private property, so it is still privately owned.

• However, the amount of 300 million contributed by the husband is common capital (like income from separate property entered); When divorced, the husband has the right to demandpay that capital contribution, or demand a proportionate contribution.

4. Pay attention when determining separate property before marriage

To protect your rights in case of divorce, note:

• Buy a house before marriage: You should keep documents such as sales contracts, red books, and proof of assets formed before the date of marriage registration to prove that they are separate assets.

• When repairing or upgrading with common money: Need to keep invoices and contribution confirmations to prove contributed capital.

• Sign agreement documents: If you want to keep your house as private property, you should sign a separate property agreement, have it notarized, and register property changes if necessary.

5. Advice and recommendations from Dedica Law Firm

1. Procedures to prove the origin of assets
   – Carefully keep the purchase contract, certificate of ownership, and prove the source of money purchased before marriage to confirm that it is separate property.

2. Sign documents on private property
   – If you want to protect private property, you should have a notarized document agreeing to keep the house as private property to avoid risks in divorce.

3. Track your income/additional capital
   – Clearly state the capital contribution of the other party if money is used together for renovation or repair so that when dividing assets, there is a basis.

4. Authorize and advise early
   – When discovering a risk of divorce, you should authorize Dedica to represent you in negotiating, protecting your rights and resolving the matter quickly.

5. Consider incorporating law into business
   – If assets are being shared for business, Dedica supports drafting agreements, valuing capital contributions, and reducing future disputes.

6. Conclusion: House bought before wedding - Can still be kept if proven clearly

• House bought before marriageis private property if properly proven according to the lawin Vietnam

• During divorce, this property does not have to be divided, unless there is an agreement to merge or prove that the origin is unknown.

• Joint profits or capital contributions can be divided according to specific ratios and bases.

• Therefore, proactively preparing evidence, signing documents, and raising awareness is the best way to protect personal property rights.

Support from Dedica Law Firm

Dedica Law Firm– đội ngũ luật sư chuyên nghiệp tạiVietnam, many years of experience in marriage and property consulting. We have supported many customers:

• Draftingprivate property agreement, notarization procedures, asset confirmation.

• Representing to negotiate and protect rights during divorce or property division.

• Strategic consulting when assets are complex, related to businesses, general business.

Contact DEDICA Law Firm for in-depth legal advice!

Hotline:(+84) 39 969 0012 (Support via WhatsApp, WeChat and Zalo)

Head office:144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, City. Ho Chi Minh

Business hours: Monday – Friday (8:30 – 18:00)

Contact us now to receive a free initial consultation from our team of professional lawyers!