Marital Property Division

Vietnamese law presumes that property acquired during the marriage is common property, to be divided broadly equally. That presumption can be rebutted, but only with evidence — and the evidence is usually documents created years earlier.

Wise Counsel advises on the identification, valuation and division of marital property, whether by agreement or through the court.

What we help with

• Identifying which assets are common property and which are separate
• Tracing separate property that has been mixed with common assets
• Valuing real estate, business interests, shares and other assets
• Advising on the treatment of debts incurred during the marriage
• Division of land use rights and property held in one spouse's name
• Advising on contributions made by each spouse, including non-financial contributions
• Negotiating and documenting property division agreements
• Applying for interim measures where assets are at risk of being disposed of

Assets that were never documented as separate are usually treated as common. We advise on what evidence still exists before positions are taken.