Can a Wife Reclaim a House in Her Husband’s Name After Divorce?

When a marriage breaks down, the division of assets—especially real estate registered under the husband’s name—becomes a major concern for many wives. So, is it possible to reclaim such a house? Let's explore the legal aspects and practical experiences surrounding this issue.

1. A house in the husband's name – is it always considered his separate property?

According to the 2014 Law on Marriage and Family, the common property of spouses includes all assets acquired during the marriage, except for those inherited or gifted solely to one spouse, or proven to be separate by clear evidence.

Even if the land use right certificate (commonly known as the "red book") is only in the husband’s name, the property may still be considered marital property if it was purchased during the marriage with joint funds—unless the husband can prove it is his separate property. This is clearly outlined in Clause 3, Article 33 of the 2014 Law on Marriage and Family.

Therefore, the belief that "a house in the husband’s name is always his separate property" is not accurate—it only applies if there is clear evidence such as an inheritance deed, a gift agreement, or personal tax documents from before the marriage.

2. Conditions for reclaiming the house

To reclaim or request a share of a house registered solely under the husband's name, the wife must prove:

• The house was purchased or built during the marriage;

• There is evidence of financial contribution (loans, savings, transfers, construction receipts, etc.);

• There is proof that joint funds were used by the husband to acquire the house;

• Or, there was a clear agreement recognizing it as joint property.

These pieces of evidence should be collected before filing for divorce, such as bank statements, construction contracts, witness statements, or video records/verbal agreements certified by a third party.

3. How does the court handle the case?

3.1 Determining the origin of the property

The court will comprehensively assess relevant evidence, including:

• Documents, contracts, bank statements;

• Testimonies from the spouses and witnesses;

• Expert evaluation if necessary.

3.2 Dividing the property

• If the house is joint property: it will be divided based on the 50-50 principle (adjusted for each party's contribution, circumstances, or fault).

• If the house is separate property (proven by either spouse): it will remain solely with the owner and not be divided.

Under Article 59 of the 2014 Law on Marriage and Family, joint assets are divided either in kind or by equivalent value. If the wife receives the house, she may need to compensate the husband with an equivalent value in cash or other assets.

4. Practical steps – how to effectively reclaim the house

Here are the legal steps and practical strategies recommended by DEDICA Law and other reputable law firms:

• Gather thorough evidence

  • Construction receipts, purchase contracts;

  • Bank statements, loan documentation;

  • Audio/video recordings or legal declarations verifying the use of joint funds.

• Request recognition of joint property
  In the divorce petition, it’s essential to argue clearly:

  • The house was acquired using joint funds and efforts, regardless of the husband's sole registration.

  • Request the court to recognize and divide the property.

• Seek support from a lawyer

  • A lawyer can assist in drafting the petition, compiling evidence, and advising legal strategy;

  • Ensures proper and complete legal procedures.

• Prove contribution and fault (if any)

  • Domestic work, financial support, and caregiving are recognized as joint contributions;

  • If the husband acted unfairly—e.g., appropriating assets or transferring property without consent—it can influence the court's decision.

5. What happens after the court's decision?

If the court awards the house to the wife:

• Only the court's judgment/decision is required;

• Submit the paperwork to the District Land Registration Office;

• Complete the title transfer procedure under Circular No. 24/2014/TT-BTNMT;

• No need for the ex-husband’s signature.

6. Conclusion

To summarize:

• A house in the husband's name is not automatically his separate property—if acquired and used during the marriage, the wife has the right to claim a share;

• Clear and comprehensive evidence is crucial to establishing joint ownership;

• The court will make a fair decision based on applicable laws;

• A lawyer plays a pivotal role in protecting the wife's legal interests.

Contact DEDICA Law Firm for expert legal consultation!

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