When a Vietnamese and a foreign national “live together as husband and wife” without registering their marriage in Vietnam, whose property rights are protected if a dispute arises? This article explains the latest legal framework in Vietnam, the principles for dividing assets, and how disputes are handled, so you know what to expect if you face a similar situation.
Under the 2014 Law on Marriage and Family (“LMF”), Article 14 provides that if a man and a woman are eligible to marry but live together as husband and wife without registering the marriage, no spousal rights and obligations arise under marriage law. Their property relations, obligations, and contracts are handled under Article 16 of the LMF, or under the 2015 Civil Code and relevant laws.
Specifically, Article 16 of the 2014 LMF provides that:
Property relations, obligations, and contracts between two people living together as husband and wife without marriage registration are resolved according to their agreement;
In the absence of an agreement, they are resolved under the Civil Code and other relevant provisions;
Property settlement must ensure the lawful rights and interests of women and children; household work and contributions to maintaining family life are recognized as income-generating labor.
Accordingly, although the “marriage-like” relationship is not fully recognized, if common property was created during the cohabitation period, there remains a legal basis to claim rights.
Where one party is a foreigner, or property is located abroad, or other foreign factors are involved, the dispute falls within civil relations with a foreign element. Under Article 663 of the 2015 Civil Code, a “foreign element” exists if:
At least one party is a foreign individual or legal entity;
The establishment or performance of the relationship occurs abroad;
The subject matter of the relationship is property located abroad.
In such cases, issues to address include: court jurisdiction, applicable law, and mutual legal assistance procedures where necessary.
Example: for immovable property in Vietnam, even if owned by a foreigner, disputes over that property fall within the exclusive jurisdiction of Vietnamese courts (see Article 470 of the Civil Procedure Code) because the real estate is located within Vietnam’s territory.
First, classify the property to determine what is divisible and what remains with the current owner:
Separate property: assets owned by one party before cohabitation, assets inherited individually, assets gifted individually—these must be clearly identified and supported by evidence.
Common property: assets to which both contributed labor or capital, lawful income earned during cohabitation, or benefits arising from separate property that the parties agreed to merge into common property.
If no evidence can distinguish separate from common, the unidentified portion is often treated as common property for division.
An important point: household work, childcare, and intangible contributions are recognized as income-generating labor in property settlement to protect the rights of a party who could not contribute clear capital or finances.
If the parties have a written agreement on property division, debts, and obligations in the event of a breakdown, the court will prioritize enforcing that agreement provided it does not violate statutory conditions—for example, it does not seriously prejudice the rights of children and was not made under coercion.
However, if the agreement violates prohibitions under the LMF, lacks transparency, was coerced, or causes excessive harm to one party, it may be declared invalid, and the court will revert to the Civil Code and other relevant laws to divide the assets.
If there is no agreement or the agreement is invalid, the court will intervene based on the following principles:
Division by contribution
Common property is divided according to each party’s actual contribution (capital, effort, time). If contributions cannot be clearly established, the court may divide equally, similar to joint ownership by integration.
Protecting vulnerable parties
In asset division, the lawful rights and interests of women and children must be safeguarded. Recognizing household work as income-generating labor may justify increasing the share for the woman where appropriate.
Limitation periods
Although the LMF does not set a specific limitation period for property disputes in unregistered cohabitation, if the dispute is treated as a civil matter, limitation periods under the Civil Code generally apply (e.g., 10 years for movable property claims; 30 years for immovable property).
Reasonableness and fairness
In each case, the court considers circumstances, contributions, and the nature of assets to reach a fair outcome.
Jurisdiction of Vietnamese courts
Under Article 469 of the 2015 Civil Procedure Code, Vietnamese courts have general jurisdiction where the defendant resides in Vietnam, has property in Vietnam, or where the transaction was performed in Vietnam.
Additionally, under Article 470, disputes concerning immovable property located in Vietnam fall under the exclusive jurisdiction of Vietnamese courts and cannot be transferred to foreign courts.
Applicable law
Under Article 664 of the 2015 Civil Code, in civil relations with a foreign element, the parties may choose the applicable law where treaties and national laws so allow; absent such a choice, Vietnamese courts will apply the law of the country most closely connected to the relationship (which may be Vietnamese law).
For immovable property in Vietnam, Vietnamese law applies to that portion.
Mutual legal assistance (judicial entrustment)
Where documents or evidence abroad must be verified, Vietnamese courts may request mutual legal assistance from foreign judicial bodies to collect evidence. If there is no result after six months from the request, the court may apply Vietnamese law to resolve the relevant issues.
If you cohabit without registering a marriage, carefully record financial contributions, purchases of common assets, invoices, bank transfers, and legitimate records of labor contributions such as repairs, renovations, and joint investments. These are the basis for proving your share in common property.
If you are abroad or the other party is a foreigner, ensure proper translation and legalization/notarization as needed so the court will accept your documents.
If the relationship remains relatively amicable, negotiating your own agreement on division of assets, debts, and benefits is the optimal option. The agreement should be in writing, notarized or authenticated, and clearly state asset shares, debt handling, conditions for transfer of assets, and terms for future disputes.
A clear agreement helps the court accept it more readily and reduces the risk of invalidation for legal non-compliance.
If the disputed property is immovable property in Vietnam, you must sue in the court where the property is located—this is exclusive jurisdiction.
If the subject is movable property or property located abroad but with links to Vietnam, you may sue in Vietnam if general jurisdiction grounds are met (the defendant has assets or resides in Vietnam, the transaction occurred in Vietnam, etc.).
Once the court accepts the case, it may request collection of evidence abroad. If this cannot be completed within six months, Vietnamese law may be applied to the related issues.
The court will consider contributions (capital, effort, household work, etc.) and practical circumstances to divide the property reasonably.
Another possible situation: if one party in an unregistered cohabitation dies, inheritance issues may trigger disputes between the Vietnamese and foreign party.
Under Articles 609 and 626 of the 2015 Civil Code, a surviving cohabiting partner is not automatically an heir under intestacy, but with a valid will, that person can inherit the portion designated in the will.
For a foreigner’s immovable property in Vietnam, distribution follows Vietnamese law (because the asset is located in Vietnam) and falls within the jurisdiction of Vietnamese courts.
If part of the estate is located abroad, division may require application of the law of that country or international mechanisms, including mutual legal assistance, to verify inheritance rights.
Property disputes between a Vietnamese and a foreign national in unregistered cohabitation can be highly complex, especially where a foreign element exists. Nevertheless, Vietnamese law provides safeguards: freedom of agreement, recognition of common property, division based on contributions, and international cooperation mechanisms where needed.
Practical tips:
Ideally, establish a clear property agreement while the relationship is stable, and have it notarized/authenticated.
Keep records of contributions: invoices, contracts, transfers, photos, and shared logs.
If a dispute arises, consult a lawyer experienced in civil disputes with a foreign element for guidance on jurisdiction, applicable law, and mutual legal assistance.
Be prepared to file suit in Vietnamese courts where appropriate, especially if assets are located in Vietnam.
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