Disputes over Marital Property and Separate Property upon the Death of a Spouse: What You Need to Know
When one spouse passes away, the division of property — between marital (common) property and separate property — can easily lead to disputes. Many families fall into painful conflicts simply due to a lack of legal understanding from the outset. Below is a detailed explanation and guidance based on the latest legal regulations in Vietnam.
1. The concept of marital property and separate property in marriage
1.1 What is marital (common) property?
According to the 2014 Law on Marriage and Family and practical guidelines, marital property includes:
Income and profits generated during the marriage.
Assets jointly gifted or inherited by both spouses (unless otherwise specified).
Assets formed from separate property (if merged into common property).
Land use rights and other assets that can be proven to be jointly owned.
If there is no evidence to prove that an asset belongs separately to one spouse, it will be deemed marital property.
1.2 What is separate property?
Separate property is property that belongs solely to one spouse. By law, separate property includes:
Property acquired before marriage.
Property gifted or inherited individually during the marriage (unless merged into common property).
Property divided separately by mutual agreement.
Property rights associated with an individual.
2. Handling marital and separate property when one spouse dies
2.1 Management of marital property upon death
Article 66 of the 2014 Law on Marriage and Family provides that when one spouse dies (or is declared dead by a court), the surviving spouse shall manage the marital property, unless the deceased leaves a will designating another person or the heirs agree to appoint someone else as manager.
2.2 Division of marital property
When there is a request for inheritance, marital property will generally be divided equally between the spouses — unless there was a prior agreement on property arrangements.
For example: if the marital property amounts to 2 billion VND, when one spouse dies, the “share of the deceased” is 1 billion VND for inheritance (the other 1 billion VND remains with the surviving spouse).
2.3 Handling separate property of the deceased
The deceased’s separate property becomes inheritance. If there is no will, the estate (including separate property and the deceased’s share of marital property) is divided according to statutory succession, starting with the first line of heirs: spouse, parents, and children.
If there is a valid will, the separate property is distributed according to the deceased’s wishes — subject to restrictions for compulsory heirs (such as the surviving spouse or minor children).
3. Common dispute situations and how to resolve them
3.1 Disputes over whether an asset is marital or separate
This is often the “starting point” of many conflicts. If one party claims an asset is separate, they may demand full ownership, while the other side considers it marital property and claims half of it plus their inheritance share.
In practice, if there is no proof such as documents, origin, or intended use, the court may classify the asset as marital property.
You should prepare evidence such as purchase contracts, gift agreements, bank statements, delivery records, or invoices to prove the origin of separate property.
3.2 Disputes over disposition of separate property while alive
During the marriage, disposition of separate property is strictly regulated: if it is the family’s sole source of livelihood, the other spouse’s consent is required; otherwise, only the owner or an authorized person may manage or dispose of it.
When one spouse dies, the surviving spouse no longer has the right to dispose of the deceased’s separate property — because it has become part of the estate.
3.3 Disputes when a prior agreement on property division is ignored
For example: a couple may have agreed that if one dies, the surviving spouse may use a specific property. If the survivor fails to honor this, the heirs may sue to enforce the agreement or request the court to re-divide the marital property.
In many rulings, courts have asked plaintiffs to amend their claims into “claims for division of marital property” if they did not specify their demands clearly.
3.4 Disputes over estate management when there is or isn’t a will
If there is a will: the person designated as executor has the right to manage the estate — unless the heirs and surviving spouse agree otherwise.
If there is no will: the surviving spouse manages marital property, while the deceased’s separate property is managed by heirs according to their agreement or a court/family decision.
4. Recommended steps if you are facing a property dispute after a spouse’s death
Identify the assets in dispute: classify whether they are marital or separate, determine their origin, and any signs of being merged.
Collect documents and evidence: certificates of ownership, contracts, agreements, bank statements, etc.
Attempt internal or external mediation: if parties are willing to negotiate, this saves time and costs.
File inheritance declaration and registration with the court/family authority: either under the will or the law.
File a lawsuit if no agreement is reached: request the court to determine the property, divide the estate, or award compensation if applicable.
Request the court to limit division if it would severely affect the surviving spouse’s livelihood (e.g., if splitting the estate would cause undue hardship).
Conclusion
Disputes over marital and separate property upon the death of one spouse are highly sensitive, as they involve significant financial rights, family ties, and overlapping legal provisions. To minimize risks, you should prepare clear evidence while alive, make a will if possible, and if a dispute arises, seek mediation or timely professional legal advice. This way, you can protect your legal rights effectively without excessively harming family relationships.
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