Unable to Agree on Property Division After Divorce – How Will the Court Decide?

Jun 27

More than 10 years after their official divorce, Ms. Tong Thi C decided to file a lawsuit, requesting the court to divide the marital property shared with her ex-husband, Mr. Phan Van H – a 96.7m² piece of land they jointly purchased during their marriage.

The Story of Post-Divorce Property Division: Goodwill Alone Is Not Enough

Back in 2012, the court approved the couple’s mutual divorce agreement, recognizing clear custody arrangements, no requirement for child support, and... "no request for the court to resolve shared property or debts." However, over time, the unresolved matter of property division became the root of a new dispute.

The contested property is part of land lot No. 957 (96.7m²), located in Vung Tau City, jointly purchased in 2004. In her petition, Ms. C requested a 50-50 split of the land use value – currently appraised at over 1.49 billion VND. Mr. H disagreed, claiming that his sister also contributed to the purchase and that he had spent 400 million VND raising their children, which should be deducted from his share.

The Court Clarifies the Facts and Issues a Fair Ruling

After gathering documentation, conducting site surveys, and appraising the land, the court determined:

The original landowner, Mr. Dinh Ho D, confirmed that he only sold the land to Mr. H and Ms. C, with no agreement involving Mr. H’s sister.
Although the transfer contract was not notarized, it fulfilled all legal requirements in content and form, was made in 2004, and had already been executed.
There was no legal basis to deduct the 400 million VND Mr. H claimed to have spent on raising the children, as this was a mutual post-divorce parental duty, with no prior agreement on support.

Based on these legal grounds, the court ruled to divide the property value equally, granting each party 749,425,000 VND. Mr. H retained the right to continue using the land, provided he compensates Ms. C with her half. Meanwhile, the independent claim of Ms. V (Mr. H’s sister) was dismissed due to lack of evidence and her second unexplained absence.

DEDICA’s Legal Advice

From this case, DEDICA has drawn several practical legal lessons:

🔸 Always finalize property division at the time of divorce: Delaying decisions on shared property may lead to prolonged disputes years later. The mindset of "we’re still on good terms, let’s skip it" can later result in serious losses.

🔸 Gather all original evidence before filing: Sales contracts, payment receipts, handover records – these documents are crucial, especially in real estate-related disputes.

🔸 Don’t claim individual efforts without a clear agreement: Expenses like child-rearing or home repairs are hard to deduct in court without prior, documented consent between parties.

🔸 Prevent uncooperative third parties from affecting the case: If a third party’s interests are involved, summon them early to avoid delays or dismissals in litigation.

DEDICA – Your Trusted Legal Partner in Post-Divorce Disputes

At DEDICA, we don’t just represent clients in property disputes – we deliver strategic, cost-effective, and rights-protective solutions. With a team of seasoned lawyers specializing in family and matrimonial law, we accompany our clients from initial consultation to final enforcement.

If you're facing similar troubles – whether over property, custody, or post-divorce conflicts – don't hesitate to contact us for tailored legal advice.