David, a US citizen of Vietnamese origin, asked DEDICA:
"My father was Vietnamese. He visited my family in the US a few times and then settled back in Vietnam. Early last year he passed away in Ho Chi Minh City, leaving a three-storey townhouse registered in his name, and no will. There are four of us siblings: my sister and I live in the US, while my two younger brothers remain in Vietnam. To this day none of us has completed the estate declaration or division.
The problem is that my youngest brother, who lives in the house, has gone ahead and built an extra floor on the rooftop, then rented out the ground floor as a cafe for over a year now. He never consulted my sister or me, and has not shared a single dong of the rent, saying that since he looks after the house, the income is his. When I called to raise the issue, the family told me I live far away and contribute nothing, so I should stay out of it.
I am in the US with a demanding job and can only return to Vietnam once a year for a short visit. Is what my brother is doing unlawful? What rights do I still have over the house, and am I entitled to a share of the rent collected over the past year?"
DEDICA ADVISES The short answer: until an estate is divided, the house is jointly owned by all co-heirs, so one person building on or leasing it without the others' agreement exceeds their rights and infringes yours. This is first and foremost a civil matter rather than necessarily a criminal offence, and most importantly, your ownership share in the house remains fully intact: your brother living there or leasing it does not strip you of your rights. You are entitled to claim your share of the rent, to demand that the unilateral dealings stop, and to request division of the estate. Below are the legal grounds and the steps to take, even while you are abroad.
An undivided estate is jointly owned by all co-heirs
When your father passed away without a will (or with a will that did not dispose of the entire house), the estate passes to the heirs at law, and heirs of the same rank inherit equal shares.
Until the co-heirs complete the declaration and division, the house belongs to no single person. It is the common property of all the heirs, each holding a share. The brother who lives in and looks after the house does not thereby become its sole owner. Every decision about the shared house must rest on consensus, not on the will of one individual.
Building an additional floor and leasing the property are both acts of managing and exploiting the common property. Under the principle above, they should have required the co-heirs' unanimous agreement. By deciding alone, your brother acted against this principle. As for the rent in particular, the law is clear that it is income from common property and must be shared in proportion to each owner's share:
This means the cafe rent collected over the past year does not belong to your brother alone. You are entitled to a share proportionate to your inheritance. And building or leasing without consent does not "legitimise" sole ownership for your brother, nor does it erase your share.
What to do while you are abroad
Because this is a civil matter, the approach moves from clarifying the facts, to negotiation, and only then to litigation if necessary. The recommended sequence is:
- Verify the legal status of the house: who is named on the land-use certificate, whether anyone has already declared the estate, and who belongs to the class of heirs. This step determines where you stand.
- Object in writing and preserve evidence: send a written notice (email included) stating that you are a co-heir, that you do not consent to the unilateral construction and leasing, and demanding transparency and a share of the rent. Keep photographs, the lease agreement, and any cash-flow records. Objecting early in writing protects your position later.
- Propose a meeting of the co-heirs: the law allows heirs to meet and agree on how to manage and divide the estate, and every agreement must be made in writing (Article 656). This is the least costly route if the family still has goodwill.
- Declare and divide the estate: if the parties agree, the estate can be declared and divided before a notary office. If no agreement is reached, or if someone deliberately leaves you out, you have the right to ask the Court to divide the estate (Articles 219 and 660), including by selling the house and dividing the proceeds.
- Grant power of attorney to a lawyer in Vietnam: your presence is not required. All negotiations and dealings with the notary, banks, or the court can be handled through an authorised representative, and the value you receive can be remitted to you abroad.
Conclusion
In short, your brother building on and leasing the shared house before the estate is divided runs counter to the principle of consensus in managing common property and infringes your rights, but it does not cost you your inheritance, and part of the rent belongs to you. What to do: (1) verify the legal status of the house and gather evidence; (2) object in writing and demand a share of the rent; (3) propose a meeting and negotiate a division; (4) if no agreement is reached, sue to have the estate divided; (5) grant power of attorney to a lawyer if you cannot travel to Vietnam.
If the co-heirs will not cooperate, or you suspect the house is being leased, altered, or even prepared for transfer without your consent, DEDICA can verify the property's legal status on your behalf, act under power of attorney to negotiate with the co-heirs, demand transparency and a share of the rent, and litigate for division of the estate where needed, all without you having to return to Vietnam. Contact DEDICA for legal advice tailored to your family's specific situation.
The above is for reference only; every inheritance matter turns on its own facts, so please consult a DEDICA lawyer for advice precise to your specific case.
