Guide to Filing a Lawsuit to Request Division of Marital Property Many Years After Divorce

Many people, at the time of divorce, resolve only part of the assets and later “forget” the remainder — and when they want to claim it back, they worry the time has passed, evidence is lost, or courts will refuse to accept the case. So in practice, does the law allow filing a lawsuit for dividing marital property many years after divorce? If yes, what must you prepare and what is the procedure? Below is a detailed guide based on the current Vietnamese legal framework (recently updated) to help you understand and act properly.

1. Is it possible to file a lawsuit to divide marital property years after divorce?

1.1. The right to request division of disputed assets still exists (no statute of limitations)

A very important point is that under current law, there is no statute of limitations for requesting the division of marital property — meaning even if divorce occurred many years ago, a party still has the right to request a court to divide the marital property if that portion has never been distributed.

However, there is a crucial caveat: if in the divorce judgment or decree, the court explicitly states that “the spouses have no remaining joint property,” then that portion becomes a concluded matter. In that case, if you want to change that finding (i.e. assert there is joint property to divide), you would need to undergo procedures for annulling the decision or filing for cassation / retrial (if conditions are met) before bringing a new action for dividing marital property.

For example, there are cases where couples mutually consent to divorce without requesting courts to divide property; afterward, one party files a suit to divide marital property, and the court still accepts and proceeds (if that portion of property has not been distributed).

1.2. When can you request a division after divorce?

Some typical situations:

• The spouses agreed to divide property at divorce, but one party later fails to honor that agreement.

• At the time of divorce, you did not request the court to resolve all the marital property (leaving some portion unaddressed).

• Discovery of marital assets that had been hidden or not accounted for at the time of divorce.

• An asset arises or is transferred after divorce but still bears signs of being part of the marital property from the earlier period (asserting your rightful share).

2. Legal basis & principles for dividing marital property

2.1. Applicable law and division principles

• The rules on dividing property between spouses are set out in the Law on Marriage and Family 2014, especially Articles 59 to 64.

• Upon divorce, if the spouses have a clear agreement on property regime, the court will apply that agreement; if there is no agreement or the agreement is unclear, the court will divide according to statutory rules, based on Articles 59 and 60–64.

• Division principle: as a general rule, marital property is divided equally (½ each). However, the court will consider factors to adjust the division ratio reasonably: each side’s contribution (monetary, effort, the care of family), post-divorce economic condition, fault (if any), professional capacity, health status.

• If it is impossible to divide by substance (e.g. land or house cannot be physically split), the court will appraise the asset and divide it by value. The party who receives the higher-value share must pay the difference to the other.

• A spouse’s separate property remains under their individual ownership. Except in cases where separate property was commingled into marital assets (ambiguity), it will be handled based on contribution and value.

• The court must give special protection to more vulnerable parties — such as the wife, minor children, persons without capacity to work, or persons without property for self‑maintenance.

2.2. When the dispute involves real estate

If the disputed marital property is real estate (land, house), the court’s jurisdiction and where to file the lawsuit must consider the location of the real estate. Under the Civil Procedure Code 2015 (Articles 28 and 35), disputes over property related to marriage–family are accepted by the People’s Court at the district (huyện) level where the defendant resides, or where the property is located if the dispute involves real estate.

3. Prepare documentation and draft the complaint

3.1. Required documents

A typical case file for a lawsuit requesting division of marital property after divorce includes:

• Complaint for division of marital property after divorce, clearly listing disputed assets, the requested division, legal basis.

• Notarized copies / certified copies of personal identity documents of the plaintiff (ID card / citizen ID / passport).

• Household registration book or proof of residence (if any).

• The divorce judgment or decision, or documents proving the marriage has been terminated.

• Documents substantiating ownership, rights to use the disputed property: land use rights certificate, sale/purchase or transfer documents, contracts, invoices, financial contribution proof, bank statements, capital contribution contracts, evidence of one's effort contributions.

• If the property is related to a third party (e.g. third party’s proprietary interest, shareholding in a company), include relevant documents, and if necessary, request the third party be joined in the lawsuit.

• Extracts, land‑survey maps (if needed to identify boundaries).

3.2. Key content in the complaint

In the complaint, you should clearly present:

• Parties’ information (plaintiff, defendant), addresses, prior spousal relationship.

• “Relief sought” section: list each disputed marital asset, the proportion of division you seek, the method of division (by substance or by appraisal), and any difference to be paid.

• Legal basis and reasoning: cite Article 59 of the Marriage & Family Law, principles of property division, procedural rules, and the evidence you have.

• Attached evidence: list the documents you submit to support your rights in the marital assets.

• If you request joining a third party in the lawsuit, explicitly state this.

• You should also state that you do not request resolution of divorce or children issues (if those matters were already resolved).

4. Filing, acceptance, trial, and enforcement

4.1. Filing and acceptance

• File your case at the People’s Court of competent jurisdiction (district court, or location of the real estate if property is involved).

• The court will examine the complaint; if it is admissible, the court will issue a decision to accept the case. If the complaint is incomplete, the court may request you to amend or supplement within a period (typically 30 days). If not corrected, the court may reject the complaint.

• Once accepted, the court may proceed to mediation (if required by law) or direct trial.

4.2. Trial and division judgment

• The court will collect evidence, ascertain the origin and value of marital assets, determine separate assets if any, and take into account contributions, realities of the parties to divide appropriately.

• If parties cannot agree on dividing by substance, the court appraises and divides by value; the party receiving a more valuable share must pay the difference.

• The court issues a judgment or decree dividing the marital property: specifying which portion goes to whom; if there is a payment difference, the court will set the payment timeframe.

The usual time for first-instance trial is 4 months, with possible extension of up to 2 months if the case is complex. The appellate court resolves in 3 months, with possible extension of 1 month.

4.3. Enforcement if the disfavored party does not comply

If the division judgment has legal effect and the party fails voluntarily to hand over property or pay the difference, the entitled party may request the civil judgment enforcement authority to enforce the judgment coercively.

Note: if the property is mortgaged or seized for enforcement, there are rules about notifying co-owners; if they disagree, one can request the court to divide it via civil procedure.

5. Common risks and how to prevent them

• Loss or weak evidence
  Over many years, documents may deteriorate, be lost or become unclear — if possible, back up and verify evidence as early as you can.

• The opposing party refuses to participate or cooperate
  They may not attend mediation, refuse to produce papers, obstruct property measurement — in such cases the court can collect evidence on your behalf or make decisions based on the available situation.

• Court requests you to amend your complaint or rejects your filing
  If your request for division is unclear, or you fail to pinpoint the legal basis or assets, the court may ask amendments or return your complaint — so draft carefully and clearly to avoid this.

• The divorce judgment already states “no remaining marital property”
  As said earlier, if the divorce judgment declared that the spouses have no joint property, you cannot directly request division unless you have grounds to annul or modify that ruling via cassation or retrial procedures.

• The division decision is appealed or challenged
  The losing party may file appeal or request retrial; you must closely follow the case to protect your rights when it proceeds to appellate level.

6. Conclusion & Recommendations

Filing a lawsuit to request division of marital property many years after divorce is entirely feasible under current Vietnam law, since there is no statute of limitations for this as long as the portion of property remains undistributed. However, to maximize your chance of success and guarantee enforceability, you should:

• Prepare clear and robust evidence as early as possible;

• Draft the complaint and supporting documents with care, in a logical and precise manner;

• If the case involves complexities (real estate, third parties, concealed agreements), consider seeking support from a family‑law specialist;

• Track the procedural progress diligently, ensuring you do not lose your rights due to procedural errors;

• If a judgment for property division is made but the other party does not comply, persist in pursuing enforcement.

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