When a married couple owns joint property, they may sometimes wish to divide the property during the marriage (prior to divorce), or disputes may arise when a divorce occurs. These cases are often complex and influenced by many new legal regulations. Below is a summary of current laws in Vietnam, drawn from reputable legal sources, along with practical solutions to help both parties avoid disadvantage.

1. Current Legal Provisions on Division of Marital Property During Marriage

1.1. Definition of Joint and Separate Property Under the Law

According to the 2014 Law on Marriage and Family, marital joint property includes:

Assets created by either spouse during marriage,
Income from labor, production, and business activities,
Yields and profits derived from separate property,
Inherited or gifted assets jointly received,
Other property agreed upon by the spouses to be joint property.

Land use rights acquired after marriage are considered joint property unless the land was separately gifted, inherited, or purchased using one party’s separate funds.

Each spouse’s separate property is determined by law — for example, assets acquired before marriage, assets individually gifted or inherited (without a joint agreement), or assets independently acquired after marriage.

1.2. Right to Divide Property During Marriage and Related Restrictions

Article 38 of the 2014 Law on Marriage and Family provides that spouses may agree to divide part or all of their joint property during the marriage, except as provided in Article 42. If no agreement is reached, either spouse may request the court to resolve the matter.

The agreement must be in writing, and notarization is required if either party requests it.

Under Article 42, any division of property during the marriage will be invalid if it:

Seriously affects the family's interests or the lawful rights of minor or incapacitated children;
Aims to evade responsibilities such as maintenance, debt payment, tax obligations, financial duties to the State, or other property obligations as prescribed by law.

1.3. Effective Date & Legal Consequences

The division of joint property during marriage becomes effective at the date agreed upon in writing by the spouses. If no specific date is stated, the agreement takes effect from the date of execution.

If the law requires a certain form for the division (e.g., notarization or registration), the agreement will only be effective once these requirements are met.

Once divided, each spouse’s share becomes their separate property. The yields and profits from that separate property are also considered separate, unless otherwise agreed. Undivided property remains joint property if not otherwise stipulated.

2. Principles & Resolution of Joint Property Disputes

2.1. Principles for Division Upon Divorce

Under Article 59 of the 2014 Law on Marriage and Family, if no clear agreement exists on property division at the time of divorce, the court will divide joint assets.

The law applies the "equal division" principle — marital joint property is divided equally. However, it’s not always a strict 50‑50 split; the court may consider factors such as:

Family circumstances,
Actual contributions by each spouse (including housework and domestic labor),
Fault or violations of marital obligations.

Division can be made in kind or by value. If one party receives a larger share in kind, they must compensate the other for the difference.

2.2. Common Issues & Practical Solutions in Disputes

Common Issues Include:

Determining joint vs. separate property: Many assets are titled in one spouse’s name, or acquired before marriage but used jointly, without clear documentation — a major source of disputes.
Unclear or non-notarized agreements: If property division agreements are ambiguous, unwritten, or not notarized, they are hard to enforce.
High-value assets such as land or houses: These often require proof of land use rights or title. If the property isn't correctly registered, has unclear ownership, or is used for agriculture or aquaculture, the division becomes complex.
Effective date of property division: If division occurs during the marriage without clarity or notarization, future disputes may arise.
Contribution, fault, family circumstances: Indirect contributions like housework or child care, or faults such as infidelity or neglect, are legally considered when dividing assets.

Practical Recommendations:

Draft clear agreements with notarization: If spouses wish to divide property during marriage, create a detailed agreement specifying which assets are divided, the shares, effective date, and notarize it if required. This serves as strong evidence in case of litigation.
Clarify ownership and asset origins: Real estate, land use rights, or high-value items should have clear documentation (red books, purchase contracts, invoices). If an asset is inherited or gifted separately, have proof of this.
Document contributions: Especially indirect contributions like domestic labor. Testimonies, witnesses, and even household expenses can help prove contributions during asset division.
Seek court intervention if needed: When no mutual agreement is possible, spouses can request the court to divide property according to Article 38 and related provisions.
Keep full evidence: Maintain all asset records, purchase contracts, bank receipts, red books, gift or inheritance documents — crucial when proving ownership or value in disputes.

3. Conclusion

Disputes over the division of marital property during the marriage are not uncommon, especially when valuable assets such as land, business capital, or poorly documented property are involved, or when one spouse seeks to restructure assets in preparation for divorce or other reasons.

The 2014 Law on Marriage and Family provides a legal foundation for:

The right to divide property during marriage,
Circumstances in which such agreements are invalid,
Principles of asset division during divorce, and
Requirements for written agreements, notarization, and their legal effectiveness.

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Disputes Over Division of Marital Property During Marriage in Vietnam