1. What is considered separate property under Vietnamese law in 2025?

According to Article 43 of the 2014 Law on Marriage and Family, separate property includes:

Property acquired before the marriage.
Property inherited or gifted individually during the marriage.
Property divided as separate under an agreement or court decision.
Income or assets generated from separate property.

If the ownership cannot be clearly proven, the asset is presumed to be joint property.

2. What documents can prove separate property?

You should prepare:

Sales contracts, invoices, delivery records.
Certificates of ownership (e.g., house, land, vehicle).
Notarized documents of inheritance or individual gifts.
Bank statements proving the source of separate funds.
Court judgments or notarized agreements on division of separate property.

3. Real-life Example

Case Study: Ms. Minh and Mr. Tuan

Before marriage, Ms. Minh owned a condo with the ownership certificate solely under her name.

During the marriage, Mr. Tuan was gifted a piece of land by his grandparents with full legal documentation.

At the time of divorce, both wanted to retain their respective properties as separate assets.

DEDICA’s legal strategy:

Prepared the condo’s ownership certificate and purchase documents.
Provided notarized documents proving the land was a gift to Mr. Tuan, along with a notarized “separate property” agreement.
Submitted bank statements related to the real estate transactions.

Outcome: The court recognized the condo and land as separate properties, not subject to marital division.

4. What if documents are lost or unclear?

You can request the court to summon banks, land authorities, witnesses, or appraisers to collect and verify evidence.

Testimonies, emails, or messages confirming property transactions may also be used as supporting evidence.

5. Dedica’s advice on proving separate property

Diligently store all evidence: Scan and back up related documents online.
Pre-marital agreement: If possible, notarize a “separate property” agreement to simplify future disputes.
Clearly separate assets: Register assets in individual names; distinguish financial sources for separate and joint property.
Consult a lawyer: Dedica recommends seeking legal review and evidence supplementation to increase the success rate.

6. Common mistakes to avoid

Failing to prove clear origins – assets may be deemed joint.
No clear agreement when separate property is mixed into joint property – easy grounds for disputes.
No notarization or jointly titled assets funded with shared finances – likely to be treated as marital property by the court.

Conclusion & Call to Action

To prove an asset as separate property in a divorce case in Vietnam, you need to:

Understand the legal definitions;
Prepare thorough documentation on ownership origin, timeline, and rights;
Have notarized agreements and transparent declarations;
Collect supporting evidence when needed;
Seek guidance from experienced legal professionals to avoid errors.

If you are facing a similar situation or need assistance in building strong legal proof — DEDICA Law Firm is here to support you from evidence collection to court representation. Don’t let one missing document jeopardize your rightful property.

Contact DEDICA today for expert support in:

Marital & property law consultation
Drafting exclusive asset division agreements
Legal representation in lawsuits to fully protect your rights as an individual or a business entity.