Property Disputes After Divorce: Don’t Lose Your Rights Just Because You Can’t Prove Asset Origin
Legal Case: Thought It Was Joint Property, Turns Out It’s Shared Based on Contribution
Client A came to DEDICA feeling deeply frustrated. After her divorce, the court ruled she would receive only 30% of the value of the house and land she believed were joint marital assets. What was the court’s reasoning? Why was her share so small? Most importantly, how can one protect their rights during post-divorce property division?
The story began when Ms. A and Mr. B married and lived together for over 20 years, raising two children. The disputed land was titled jointly in both their names, and the house had been their residence since 2004. Upon divorcing, Ms. A requested to retain use of the house and land, offering to compensate Mr. B for his share. However, the court declared that while the property was joint, it would be divided 70% to Mr. B and 30% to Ms. A.
The reason: the court found that the majority of the financial contribution came from Mr. B’s family—specifically, his parents had given him money to bid for the land and build the house. Ms. A, meanwhile, failed to provide clear evidence of her own contribution.
Legal Analysis by DEDICA: Joint Title Doesn’t Guarantee Equal Division
1. Does Joint Title Automatically Mean Joint Ownership?
According to Article 33 of the 2014 Law on Marriage and Family, assets formed during the marriage and titled in both spouses’ names are typically considered joint property. However, if one party can prove that the asset came from a personal inheritance or was gifted solely to them, that part may be deemed separate property.
In this case, even though the land title bore both names, Mr. B proved that the funds to buy the land and build the house primarily came from his parents as a personal gift. The court found this plausible based on testimony and financial records.
Ms. A, however, could not present any documents proving her own financial contribution, so the court allocated the asset based on the level of contribution: 70% to Mr. B and 30% to Ms. A.
2. When Can a Court Deviate From a 50/50 Division?
The law mandates an equal division of marital property but allows for adjustments based on factors such as:
Each spouse’s post-divorce situation;
Their respective contributions to the creation and maintenance of assets;
Faults in the marital relationship;
The legal interests of minor children or dependents.
Thus, if one party can prove greater contribution (e.g., receiving a personal gift from parents), the court may fairly deviate from an equal split.
DEDICA’s Advice: Fair Division Requires Clear Evidence
1. Key Lessons from the Case
Don't rely solely on joint title: A joint land certificate doesn't automatically entitle you to 50% if the other party proves separate origin of the funds.
Preserve your evidence early: If you contribute financially, retain invoices, receipts, transfer slips, or any documentation that supports your claim.
Lack of proof can cost you dearly: Ms. A might have received a larger share if she could show she co-invested or had a spousal agreement on joint ownership.
Be cautious with parental gifts: If parents gift property jointly, it should be clearly documented to avoid future disputes. If gifted individually, the purpose and timing must be transparently recorded.
2. How DEDICA Can Support You
DEDICA has extensive experience in handling complex marital disputes like this one. We offer strategic legal counsel whether you are initiating a case or defending your interests. Our services include preparing strong evidence files, court negotiation support, asset valuation, child custody advocacy, and enforcement of court rulings.
If you are considering a divorce or are entangled in a post-divorce property dispute—don’t rush into agreements or court without expert guidance. A single misstep can cost you billions of dong.
Contact DEDICA Law Firm for expert legal consultation!
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