Is Property Divided in a Unilateral Divorce in Vietnam? Latest Legal Update 2025

When marital conflicts can no longer be reconciled and one spouse decides to end the marriage without the other’s consent — known as a unilateral divorce — many people wonder whether they have the right to request division of property.

This article provides an in-depth analysis of the current Vietnamese legal framework (the Law on Marriage and Family 2014 and its guiding regulations) to clarify:

• Can property be divided in a unilateral divorce?

• What are the principles and procedures for property division?

• What practical steps can protect your rights?

1. Can Property Be Divided in a Unilateral Divorce? — Legal Provisions

1.1 Definition and the Right to Property Division

A unilateral divorce occurs when one party (husband or wife) files for divorce while the other refuses or does not participate in reconciliation. Even in such cases, the right to request division of marital property remains protected by law. The lack of mutual consent does not eliminate lawful property rights.

According to the Law on Marriage and Family 2014, whether the divorce is by mutual consent or unilateral, joint marital property shall be divided if requested by either spouse during court proceedings. Joint Circular No. 01/2016 also provides detailed guidance on resolving property disputes in divorce cases.

In summary: A unilateral divorce may still result in property division if one spouse requests it. The other party’s refusal to consent does not nullify this right.

1.2 When Property May Be Divided — Legal Conditions

To divide property in a unilateral divorce, the following conditions must be met:

• The disputed property must be joint marital property, meaning assets acquired during the marriage or under a valid joint agreement.

• A party must request property division either in the initial divorce petition or later during litigation. If not requested, the court may exclude this issue from consideration.

• If a valid marital property agreement exists, the court will follow its terms unless declared invalid.

• If there is no agreement, or it is unclear or invalid, the court will apply statutory rules.

Regarding separate property, the law clearly stipulates that such assets shall not be divided unless they were merged into joint property or their value increased due to joint contributions.

2. Principles and Methods of Property Division in a Unilateral Divorce

When the court must intervene because there is no agreement, the following legal principles apply:

2.1 General Principles

• Equal division (50–50) of joint property by value — subject to adjustment depending on relevant circumstances.

• Contribution of each spouse: Financial and non-financial contributions (housekeeping, childcare, family management) are equally recognized.

• Personal circumstances: Factors such as age, earning ability, child custody, and post-divorce housing are considered to protect the disadvantaged spouse.

• Fault in marital obligations: If one spouse commits serious misconduct (domestic violence, adultery, asset dissipation, etc.), the court may reduce their share.

• Preference for division in kind: If property can be divided physically (e.g., two houses), division in kind is preferred; otherwise, valuation and monetary settlement apply.

• Protection of lawful interests: The court prioritizes ensuring a minimum living standard for dependent parties — minor children, unemployed spouses, or those unable to work.

2.2 Special Cases in Property Division

• Mixed family property: If the couple’s assets are combined with family members’ property, the couple’s share must be identified before division. If unclear, the court will divide based on contributions and circumstances.

• Land-use rights:

  • Separate land (acquired before marriage, inherited individually, or gifted individually) remains the owner’s property.

  • Jointly acquired, inherited, or gifted land is divided. The spouse continuing to use the land must compensate the other for their share.

• Separate property merged into joint property: For example, if one spouse invests personal assets together with joint funds to buy or renovate property, the increased value may be considered joint property.

• Asset concealment or transfer: If a spouse attempts to hide or transfer property to avoid division, the court may invalidate such transactions or freeze assets to ensure fairness.

3. Practical Example and Legal Advice

3.1 Illustrative Case

Case: Mr. A and Mrs. B — Unilateral Divorce with Property Dispute

Mr. A and Mrs. B married in 2018 and jointly purchased a house during the marriage — a joint asset.
Mrs. B refused to consent to the divorce, so Mr. A filed unilaterally, requesting division of the house and other joint property.
The court determined the property’s value and found that Mrs. B had violated her obligations (e.g., refusing cooperation or misappropriating joint assets). Therefore, the court did not divide the property equally 50–50 but instead 60–40 or 65–35, depending on evidence.
If Mr. A wished to retain the house, he was required to pay Mrs. B the corresponding value difference as ruled by the court.

3.2 Practical Tips to Protect Your Rights

• Gather clear evidence
  Property documents (land-use certificates, purchase contracts, repair receipts) are crucial for proving ownership. If you cannot prove that an asset is separate, it may be presumed joint.

• Request property division in your divorce petition
  Clearly include this request so the court does not assume you waived your rights.

• Negotiate and settle if possible
  If both parties reach an agreement, the court will recognize it in the judgment — saving time, money, and emotional strain.

• Provide evidence of fault if any
  Proof of wrongdoing (violence, infidelity, asset waste, neglect) can influence how the court adjusts the division ratio.

• Be vigilant about hidden or transferred assets
  If your spouse conceals or transfers property, ask the court to impose preventive measures (such as asset freezing or seizure).

• Understand court costs and fees
  In unilateral divorce cases involving property disputes, you must pay a fixed fee of 300,000 VND plus additional fees based on the asset’s value.

4. Conclusion

In short: Yes — property can still be divided in a unilateral divorce in Vietnam, as long as you request it in your petition and prove that the disputed property is jointly owned. The other spouse’s refusal does not negate your lawful rights.

However, property division in unilateral divorce cases can be complex — requiring strong evidence, clear arguments, and an effective legal strategy to ensure fairness. Negotiating or agreeing on asset division before or during proceedings can help minimize costs and time.

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