Disputes Over Real Estate Assets in Divorce with a Foreign Spouse in Vietnam – What Documents Need to Be Prepared?
1. Legal Grounds & Jurisdiction
Under Article 127 of the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code, divorce cases involving real estate property with foreign elements are handled by the provincial-level People’s Court where the property is located or where the spouse owning the asset resides in Vietnam.
If the real estate is located abroad, its division will follow the laws of the country where the property is situated.
2. Required Documents
Divorce petition (either mutual consent or unilateral).
Original marriage certificate; if the marriage was registered overseas, it must be consular legalized and registered in Vietnam.
Identification documents, such as passports or Vietnamese IDs (CMND/CCCD) for both spouses (with certified copies).
Residence documents, such as household registration, visa, or temporary residence card for the foreign spouse.
Children’s birth certificates, if any.
Documents related to real estate ownership or debts in Vietnam: e.g., land-use right certificate ("sổ đỏ"), sale & purchase contracts, invoices, current status certificates.
Evidence supporting divorce reasons (e.g., infidelity, domestic violence), if applicable.
Foreign documents, if any (e.g., foreign residence permits, evidence of overseas assets), must be notarized, translated into Vietnamese, and consular legalized.
3. Real Estate Dispute Resolution Process
Submit the dossier at the provincial court where the property is located; include a motion for in absentia hearing if the foreign spouse is absent.
The court reviews the dossier; within 7–15 days, it will request an advance payment of court fees (approximately 300,000 VND for non-asset cases, or based on asset value if property is disputed).
Judicial preparation period: typically 4–6 months, extendable if international assistance or asset valuation is required.
First-instance hearing: conducted in the presence of both parties or in absentia; the court divides the real estate according to law or agreement.
4. Related Fees & Costs
Court is handling a divorce without property: 300,000 VND.
Divorce with property dispute: court fees based on asset value (ranging from 5% to 0.1%).
Additional costs: translation, notarization, consular legalization, property valuation, international legal assistance, and legal representation fees.
5. Important Notes & Practical Advice
Jurisdiction is based on the location of the real estate in Vietnam; foreign properties follow local laws.
Make sure all documents are complete and consular legalized to avoid rejection.
Proof of ownership helps prevent attempts to conceal assets.
Hire a lawyer from the beginning: they can help prepare documents, facilitate international asset verification, and represent you—even in absentia—saving time and protecting your interests.
Conclusion
Handling real estate disputes in international divorces requires:
Determining the correct jurisdiction (typically the provincial court where the property is located).
Thoroughly preparing all documents, especially land ownership proof.
Ensuring all foreign documents are legalized and translated properly.
Planning for a resolution timeline of 4–8 months (longer in complex cases).
Budgeting for additional costs such as translation, legalization, valuation, lawyer’s fees, and international assistance.
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