When divorce, how are the spouses’ interests in the State leased house, privately rented house, or separately owned house resolved?

10/06/2022 Posted by Stephen Le
  • For the dwelling house leased from the State:
    • In cases where the house rental contract is still valid, the concerned parties shall mutually agree on the continued rental of that house; if they fail to reach an agreement and both parties demand to use the house, the case shall be resolved by the court under the principles of property division upon divorce.
    • In cases where the husband and wife have upgraded, repaired, or renovated the house leased from the State or built a new house on the area of the house leased from the State, upon their divorce, the division of the right to use the house and the area already upgraded, repaired, renovated or newly built shall be agreed upon by the parties; if they fail to reach agreement, the case shall be resolved by the court. If only one party demands to use the house, the party that will use the house shall have to pay the other party part of the value of the rental value of the house to the State and part of the value of the house that has been upgraded, renovated, repaired or newly constructed.
  • For private dwelling houses rented from other individuals:
    • In cases where the lease term has not expired, the concerned parties shall mutually agree on the area of the house that each of them is entitled to rent and enter into new contracts with the house owner. In cases where the lease term has not expired but the house owner agrees to lease the house to only one party, the concerned parties shall reach an agreement on the party that may continue to rent the house.
    • In cases where the rented house has been upgraded, repaired, renovated or added with new construction with the consent of the house owner, the party that will continue living in the house shall have to pay the other party the value of the house that they have upgraded, repaired, renovated or added with new construction.
  • For houses under ownership of either party:
    • The husband or wife that owns the house shall have to support the other party in seeking new accommodation if the latter faces difficulties and is unable to find new accommodation by him/herself. The party that has no accommodation has the right to stay in the old house for 6 months in order to find a new place of residence.
    • In cases where the house has been newly built, upgraded, repaired or renovated, the house owner shall have to pay the other party the value they have spent on construction, upgrading, repairing or renovating.
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