Dispute Over Property Division After Divorce: A Case Study Worth Nearly VND 30 Billion in Ho Chi Minh City
A Divorce That Didn't End Everything: When Joint Assets Become a Lingering Burden
Many people believe that divorce marks the end of all bonds, but reality often tells a different story—especially when marital assets remain unclarified. The following case is a prime example: the couple divorced nearly two decades ago but ended up in court over a house valued at over VND 28 billion.
Mr. S and Ms. P married in 1993 and divorced in 2006. At the time, both agreed not to request the court to settle any shared property. However, in 2024, Mr. S filed a lawsuit demanding division of property—specifically, the land use rights of a house located at 109/2 LVC Street, Thu Duc City.
Dispute Over Property Division After Divorce
The Lawsuit Unfolds: Years of Disagreement, Legal Adjustments, and Non-Cooperation
Disputes Over Ownership
Mr. S claimed that the house and land were joint property acquired during the marriage using proceeds from a property inherited from his parents. Meanwhile, Ms. P argued that the asset belonged to her aunt, Ms. H, who asked her to hold it under her name.
Not only Ms. P, but also Ms. H and her son Mr. M repeatedly failed to cooperate and were absent from numerous working sessions and hearings.
A Strategic Shift—And a Reasonable Turning Point
After multiple failed summons, Mr. S revised his claim: instead of seeking a share in kind, he asked for monetary compensation for his portion of the land use rights. He also voluntarily withdrew his request for division of the house itself, leaving the house to Ms. P and only seeking the value of the land—worth over VND 28 billion.
The court ruled that the property was indeed marital property acquired during the marriage, with the land use certificate issued jointly in the names of Mr. S and Ms. P. Based on Vietnam’s Law on Marriage and Family, the court declared:
Mr. S and Ms. P were each entitled to 50% of the land value: approximately VND 14.157 billion each.
Full ownership was granted to Ms. P, who was required to pay Mr. S his share.
If Ms. P could not pay, the asset could be subject to enforcement and liquidation to ensure fairness.
Lessons Learned in Dividing Marital Assets
Lessons Learned in Dividing Marital Assets: Don’t Wait Until It’s Too Late
It’s no coincidence that many property disputes following divorce can drag on for decades, draining time, money, and emotional energy. The case of Mr. S and Ms. P is a clear example of the consequences of “putting things off.” Below are real-world lessons anyone facing or having gone through a divorce should consider to avoid similar legal complications.
1. The Earlier You Divide Property, the Less Risk You Face
Post-divorce emotions often cause parties to avoid property division to prevent further conflict or out of misplaced trust. But in practice, delays only complicate legal and financial matters: assets may appreciate, change form, be used or transferred without consent.
Moreover, when joint property is managed solely by one party, they may act independently, leaving the other party with little control or legal standing. This explains why Mr. S had to wait nearly 20 years to reclaim his legal share.
👉 DEDICA’s advice:
Upon divorce, even if you can’t yet agree on how to divide the property, make sure the divorce agreement addresses asset division or prepare a notarized separate agreement. This forms a strong legal basis in case of future disputes.
2. Whose Name Is on the Deed Doesn’t Define Ownership
One common misconception is: "whoever's name is on the title owns the property." In fact, under Vietnamese law, all property acquired during marriage is presumed to be joint unless one can prove otherwise (inheritance, gifts, or notarized agreement of separate ownership).
In this case, Ms. P claimed that her aunt, Ms. H, bought the property and merely asked her to hold the title. However, no written agreement existed, no financial trail was provided, and the certificate named both spouses. Therefore, the court ruled the property was jointly owned.
👉 DEDICA’s advice:
If someone asks you to hold a property title on their behalf, sign a notarized agreement confirming this. If you contributed financially or otherwise, keep all related documents—contracts, invoices, receipts, bank transfers—to defend your rights if disputes arise.
3. Choosing the Right Form of Division—In Kind or Monetary Value
Not all assets can be divided physically—especially real estate that cannot be legally subdivided or is being held and modified by one party. In such cases, dividing by monetary value is the most practical option, allowing faster resolution and enforceability.
In this case, Mr. S initially wanted a physical share but later opted for the monetary equivalent, which helped shorten litigation and simplified enforcement.
👉 DEDICA’s advice:
If you cannot hold or manage the asset, request division by value and ask for cash equivalent. Courts will compel the party in possession to pay. If they cannot, enforcement agencies can liquidate the asset accordingly.
4. Skipping Court Won’t Let You Avoid Liability
Some people believe that not attending court exempts them from sharing assets. That’s incorrect. The Civil Procedure Code allows courts to proceed in absentia if the defendant is lawfully summoned. In this case, Ms. P and her relatives’ repeated absences led to dismissal of their counterclaims, favoring Mr. S.
👉 DEDICA’s advice:
If you’re a defendant or interested party in a property dispute, fully cooperate with the court and your legal counsel. Avoiding court may strip you of the chance to explain and protect your rights.
Contact DEDICA Law Firm for expert legal consultation!
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