When is the division of common property of the spouses during the marriage period not recognized by law?

The Vietnamese marriage and family law recognizes the right to request the division of the common property of husband and wife during the marriage. However, the spouses are not always entitled to this right. The division of common property during the marriage period shall be invalidated when:

  • It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil capacity to act or have no working capacity and no property to support themselves;

Its aim to avoid the following obligations:

  • Nurturing and support obligations; 
  • Damage payment obligations; 
  • Payment obligations upon declaration of bankruptcy by a court;
  • Debt payment obligations; 
  • Tax payment obligations or other financial obligations to the State;
  • Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.
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