David, an Australian citizen, asked DEDICA:
"I married a Vietnamese wife, and together we contributed money to buy an apartment in Da Nang, with both of us named on the ownership certificate. My wife recently passed away without leaving a will. Her relatives say that because I am a foreigner I have no rights to the home and must leave it to her family. I am currently in Australia. Do I still have rights to my own apartment, and what must I do to keep them?"
DEDICA ADVISES As a foreign spouse, you do not lose your rights to a jointly owned home. Property that a couple builds during the marriage is joint marital property, so half of the apartment was already yours and does not form part of the estate to be divided. Only the deceased spouse's half is the estate, and as the lawful surviving spouse you belong to the first rank of heirs, a right that your nationality does not take away. The real question is not whether you may inherit, but the form in which you receive it: for the land portion, a foreigner usually receives the value in money rather than holding title. Below are the legal basis and the steps to protect that right.
The rights of a foreign spouse to jointly owned real estate
A common misunderstanding is to merge two rights that are in fact separate. The first right comes from the marriage: real estate that a couple creates together during the marriage is joint marital property owned by both. When one spouse dies, that joint property is divided in half, and one half remains with the surviving spouse and is not part of the estate to be shared with anyone.
This means that, with David's apartment, half of the home is automatically his, even if the certificate bears only his wife's name. Only the half belonging to his late wife is brought into the estate.
The second right comes from being an heir. When the wife dies without a will, her estate is divided according to law, and a husband or wife always sits in the first rank of heirs, on equal footing with the deceased's parents and children. Foreign nationality does not remove you from this rank.
So the claim that "a foreigner has no rights" is incorrect. The more accurate statement is that the form of receipt may differ. For an apartment in a commercial housing project, a foreigner who meets the conditions may still hold title, subject to limits on proportion and duration. If you do not fall within the eligible category, the law allows you to receive the value corresponding to your share.
For a house attached to residential land, the 2024 Land Law provides a similar mechanism: a foreigner who inherits a land portion may transfer it to receive the value in money, instead of being granted a certificate in their own name.
Steps to protect your share of the property while you are abroad
When you are far away, what matters is to clearly establish your share and take full part in the procedure, rather than letting the co-heirs handle it on their own. The process usually follows four steps:
- Clearly determine your share of the joint property, separating your half of the home from the estate before any discussion of dividing the rest.
- Prepare and consularly legalize documents issued abroad, such as your passport and marriage certificate, then have them translated and notarized for use in Vietnam.
- Take part in the declaration or the agreement on division of the estate at a notarial office, together with all of the first-rank heirs.
- If you cannot return to Vietnam, grant a written power of attorney to a lawyer to carry out the entire procedure on your behalf.
Conclusion
In short, as a lawful spouse you do not lose your rights to the home merely because you hold foreign nationality. Half of the home was already your joint property, and you are also a first-rank heir to the deceased's share. What you need to do: determine your share of the joint property, consularly legalize your documents issued abroad, take part in the declaration or division of the estate at a notarial office together with the co-heirs, and grant a power of attorney to a lawyer if you cannot return to Vietnam. For the portion you cannot hold in your name, you will still receive its value and may transfer it abroad lawfully.
If your spouse's family is applying pressure, or you worry that your share may be left out while you are abroad, DEDICA can review your file, act under a power of attorney before the notarial office, the land registration authority, and banks, negotiate with the co-heirs or sue for a re-division of the estate where necessary, and assist in transferring the value of your share abroad. Contact DEDICA for in-depth legal consultation tailored to the specific situation of your home.
This content is for reference only; each case has its own particular facts, so please consult a DEDICA lawyer for accurate advice.
