Tiếng Việt 
Dividing property in divorce: Mistakes that cause many people to lose their rights
- You think that the property in someone's name belongs to that person, believing that all assets are divided 50/50 or ignoring the collection of evidence are mistakes that cause many people to suffer losses when dividing property when divorced. Properly understanding the provisions of Vietnamese law will help you protect your legitimate rights and interests. Join HTC Vietnam Law Firm to learn important notes to avoid loss of rights and have an appropriate handling plan from the beginning. The division of property upon divorce is one of the issues that are prone to disputes and directly affects the rights and interests of husband and wife after the termination of marriage. If they do not understand the provisions of the law or make common mistakes, many people may lose their legal rights. In this article, HTC Vietnam Law Firm will help you identify common mistakes when dividing property upon divorce and guide you on how to protect your rights in accordance with Vietnamese law.
2. Common mistakes when dividing property upon divorce2.1. Assuming that all assets are divided in halfMany people think that in divorce, the property is automatically divided 50/50. However, when settling disputes, the Court will consider many factors to decide the proportion of property division, such as the contribution of each party to the creation and maintenance of common property, the circumstances of the husband and wife after divorce, legitimate interests in production activities, etc business and other factors as prescribed by law. Therefore, one side can be divided more or less than the other if there are suitable grounds.For example, during a marriage, the husband is the main source of income, while the wife spends most of her time taking care of the children and managing the family. Housework and family care are also recognized by law as valuable as income labor. Therefore, the division of assets will not only be based on the amount of money each party earns, but must comprehensively consider the factors involved.2.2. Failing to clearly define what is common property and what is separate propertyMany people assume that every property during the marriage period is their own. In fact, even if the property is in the name of a person but was created during the marriage period, it can still be considered common property.The determination of common property or separate property must be based on the origin of the property, the time of acquisition, the will of the parties and documents proving ownership, such as property created during the marriage period which is generally considered common property. while property that existed before marriage or inherited or donated separately can be determined as separate property if it meets the prescribed conditions.Example: The husband bought a car before marriage and still keeps all the documents proving the origin. When divorced, this car is in principle determined as separate property, unless the husband and wife have an agreement to enter into the common property.2.3. Failing to make a written agreement on property in marriageAccording to Article 47 of the Law on Marriage and Family 2014, it is stipulated:- In case the two parties to the marriage choose the property regime according to the agreement, this agreement must be made before the marriage, in the form of a notarized or authenticated document. The property regime of husband and wife as agreed upon shall be established from the date of marriage registrationAn agreement on the property regime of husband and wife is only legally valid when it is made before marriage, in writing and notarized or authenticated. If these conditions are not met, the division of property upon divorce will be applied in accordance with the provisions of law.2.4. Children are entitled to the division of property when their parents divorce.Many people think that when parents divorce, children will be divided into part of the common property of the husband and wife. However, this is an incorrect concept. In principle, the division of property upon divorce is only carried out between husband and wife for their common property. The child is not the subject entitled to the division of property, unless such property is under the child's own ownership or has other legal grounds as prescribed.In fact, the rights and interests of children when parents divorce are guaranteed through regulations on the right to direct custody of children, children are only entitled to the right to support, care, education and inheritance rights in the future.3. Important notes on property division when divorcedTo protect your rights, you need to pay attention to the following issues:- Clearly define common property and separate property.- Prioritize divorce agreements to save time and costs.- Prepare sufficient evidence of assets.- Consult an attorney.The above article has summarized common mistakes when dividing property upon divorce and important notes to protect rights and interests in accordance with Vietnamese law. If you have any questions or need assistance in resolving disputes, please contact HTC Vietnam Law Firm for timely and accurate advice from a lawyer._________________________________Commitment to service quality:HTC Vietnam Law Firm operates with the motto of dedication – efficiency – prestige, committed to ensuring service quality, specifically as follows:- Ensure that the work is carried out according to the agreed schedule, ensure compliance with the law, in accordance with the code of ethics and conduct of Vietnamese lawyers.- Put customer interests first, try our best to bring customers the best service quality.- Confidentiality of information provided by customers, information related to customers.We look forward to long-term cooperation with the development of our customers.Best regards!(Written by: Le Trang Nhung; Date written: 8/7/2026)___________________________________For detailed advice, please contact:HTC Vietnam Law FirmAddress: 4th Floor, Multi-purpose Building, No. 169 Nguyen Ngoc Vu, Yen Hoa Ward, Hanoi City.Phone: 0989.386.729Email: hotmail@htcvn.vnWebsite:https://htcvn.vn; https://htc-law.com; https://luatsuchoban.vn
