Separated for 40 Years – Can You Still Claim Marital Property After Your Spouse Dies? A Legal Lesson in Vietnam

The division of assets after long-term separation is one of the most sensitive legal disputes in Vietnam. A case heard by the People’s Court of Ho Chi Minh City in early 2025 provided a clearer perspective on the limits of marital property rights, especially when the couple has not lived together since 1975.

Ms. H and Mr. V were legally married in 1962, but separated in 1975, with no further emotional, financial, or domestic relationship. Meanwhile, Mr. V moved to the South of Vietnam and lived with Ms. L, with whom he later built a house in Ho Chi Minh City.

After Mr. V passed away, Ms. H requested the court to recognize the house as joint property formed during her marriage to Mr. V, seeking over VND 2.6 billion in compensation. However, courts at all levels dismissed her claim.

The Court’s Decision in Vietnam

The court determined that although the marriage between Mr. V and Ms. H remained legally valid, they had been separated for nearly 50 years without cohabitation or any contribution from Ms. H to the disputed property. Meanwhile, Ms. L had lived with Mr. V, cared for him, and contributed to the property since 1976.

As a result, the house was considered joint property between Mr. V and Ms. L. The gift agreement from Mr. V to Ms. L was deemed legal, and Ms. H no longer had any rights to the asset.

Legal Lessons from the Long-Term Separation Case in Vietnam

From this case, individuals and couples in Vietnam should learn several important lessons about handling property disputes after separation or when a marriage no longer exists in practice.

1. Don’t Just "Silently Separate" – Get a Divorce If You're No Longer Living Together

Failing to officially divorce can leave your rights in limbo. If there is no longer emotional or financial attachment, a legal divorce helps clearly define personal rights and prevent prolonged disputes in the future.

2. Assets Formed During Separation Are Not Joint Property

Even if the marriage still exists on paper, if one spouse creates property after separation using their own funds and efforts, Vietnamese courts are unlikely to recognize it as marital property.

3. Evidence is the Key to Protecting Your Rights

The court will not recognize a property claim without clear proof of contribution, management, or use. Documents such as purchase invoices, financial records, or joint ownership papers are critical in any legal dispute.

Conclusion

Ms. H’s case is a clear example of the prevailing legal viewpoint in Vietnam: a marriage that exists only on paper, without practical attachment, is insufficient to claim property rights.

If you are in a prolonged separation with no financial ties to your spouse, it's crucial to take legal action—such as filing for divorce and dividing assets early—to safeguard your own interests.

DEDICA – Your Trusted Partner in Marital and Property Disputes in Vietnam

With a team of seasoned and professional lawyers, DEDICA has successfully handled numerous complex cases involving post-divorce asset division and unlawful marital property disputes. We are committed to working closely with our clients to develop clear, effective legal strategies that comply fully with Vietnamese law.

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