Asset Disputes in the Case of Invalid Marriage in Vietnam

When a marriage is declared invalid, the division of assets between the two parties differs significantly from that in a typical divorce. This article will help you better understand: what constitutes an invalid marriage, how to determine ownership of assets, the principles of division when disputes arise, and steps to protect your rights in practice in Vietnam.

1. Invalid Marriage – Definition and Legal Consequences on Property Rights

1.1 What is an invalid marriage?

An invalid marriage is a marital relationship declared null and void by a court due to a violation of marriage conditions as stipulated by the Law on Marriage and Family 2014 (e.g., marriage while still legally married to another person, lacking legal capacity, violating prohibitions on marriage, etc.). Once declared invalid, the marriage is considered never to have existed in the eyes of the law.

1.2 Legal consequences on property

An invalid marriage does not give rise to the joint property regime as in a lawful marriage.

However, if assets are created during cohabitation (joint use assets, capital contributions, income generated by both parties…), division of these assets must still be settled according to the law.

Any agreement between the parties (either before or after such assets are generated) concerning the use and division of property may be considered by the court, provided that certain legal conditions are met.

Therefore, invalid marriages can still lead to property disputes — this issue is not only theoretical but occurs frequently in practice.

2. Determining Ownership – The First Step in a Dispute

Before dividing the assets, it is essential to determine which assets are considered separate property and which may be treated as joint property (whether the marriage is valid or not).

2.1 Separate property

According to Article 43 of the Law on Marriage and Family 2014, separate property includes:

• Property acquired by each party before cohabitation (in invalid marriage cases, this refers to "before living together as spouses");

• Property inherited or gifted to one party (with valid proof);

• Personal property used to meet essential needs, and other assets as classified by law as separate property.

If a party claims an asset under dispute is separate property, they must prove its origin with clear documents or evidence. If not, it may be deemed joint property.

2.2 Joint property generated during cohabitation

Even in an invalid marriage, if both parties jointly contribute to creating or acquiring property (efforts, investments, shared income…), such property may be treated as joint property.

Article 33 of the Law on Marriage and Family 2014 defines joint property as assets created by the couple, lawful income during cohabitation, and proceeds from separate property if both parties agree.

If there is no evidence proving a property is separate, it will be presumed to be joint property.

2.3 Property agreements – possibly invalid

If the parties entered into a property regime agreement (before or during cohabitation), the court may consider it. However, under Article 50 of the Law on Marriage and Family 2014, such agreements may be declared invalid if:

• The agreement fails to meet conditions for a valid transaction (e.g., made under coercion, without consent);

• The contents violate Articles 29, 30, 31, or 32 (e.g., affecting child custody rights, inheritance rights of children);

• The agreement's intent or effect significantly harms the legal rights of children or third parties.

If the agreement is invalid, the division of assets will proceed according to statutory law.

3. Principles of Asset Division in Disputes

When parties cannot reach an agreement or when an agreement is invalid, the court will resolve the dispute under legal principles. Key principles include:

3.1 Applying statutory rules when agreements are invalid

If the property regime is unclear or an agreement is voided, statutory regulations (Law on Marriage and Family 2014) will apply.

3.2 "Equal but flexible" division principle

Article 59(2) of the Law on Marriage and Family provides that joint property shall be divided equally but the court may consider other factors to adjust the ratio: each party’s circumstances, contributions, fault in violating marital duties, and income-generating capacity.

In practice, equal division (50/50) is not mandatory — courts may decide 40/60, 45/55, or even 70/30 in special circumstances.

3.3 Priority on dividing in-kind assets

The court prioritizes dividing physical property (houses, land, household goods…) if possible. If not, the property will be appraised and divided in monetary value.

3.4 Protecting third-party and child interests

• If the property involves third parties (e.g., sale contracts, bank mortgages…), the court will consider whether their rights need to be resolved within the dispute.

• When the dispute affects the rights of minor children or individuals with disabilities, the court will prioritize protecting their legitimate interests.

4. Litigation Process and Protecting Personal Rights

To resolve a property dispute in an invalid marriage, you should follow these steps:

• Gather clear evidence
  Documents proving separate property (title deeds, inheritance/gift papers, invoices).
  Evidence of joint property (joint purchase agreements, shared income statements, contribution records).

• Clearly state your legal claims in the lawsuit
  Request the court to invalidate any property agreement (if applicable).
  Request classification and division of assets into separate and joint categories.

• File the lawsuit at the competent court
  Typically the district court where you reside or where the disputed assets are located.
  The court may require additional documents or clarification.

• Participate in mediation and trial
  Mediation is often held before trial — successful negotiation can save time and costs.
  At trial, present legal arguments, evidence, and a proposed division ratio.

• Enforce the judgment or decision
  Once the judgment is legally effective, if the other party refuses to comply, you may request enforcement through competent authorities.

5. Tips and Notes to Protect Your Interests

• Make a written property agreement during cohabitation – ensure voluntariness and notarization for future validity.

• Keep detailed records from the beginning – invoices, contracts, contribution logs, joint account statements.

• Avoid rigid 50/50 expectations – consider differences in effort or special circumstances.

• Monitor the status of joint assets – if assets are sold, consumed, or divided before filing, provide evidence to claim damages.

• Seek professional help – a lawyer experienced in family law can help strategize, clarify evidence, and better protect your rights.

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