Hướng dẫn toàn tập chia tài sản khi ly hôn 2026 (Luật sư Lê Bình Phương phân tích)The Complete Guide to Dividing Property on Divorce in 2026 (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

Dividing property is the most contentious issue in any divorce. A single wrong decision can cost one spouse billions of dong or even the family home. Vietnam’s legal system has clear principles — but applying them to each specific situation depends on evidence, litigation skill, and an understanding of how the courts decide.

This article brings together everything you need to know about dividing property on divorce in 2026 — from the core principles to each special category of asset — under the Law on Marriage and Family 2014 (still in force), Resolution 01/2024/NQ-HĐTP guiding its application, the Civil Code 2015, and judicial practice.

Relevant Legal Provisions

Law on Marriage and Family 2014 — Article 33 (Common property of husband and wife):

“1. The common property of husband and wife comprises property created by the husband or wife; income from labour, production, and business; yields and profits arising from separate property; and other lawful income during the marriage, except as provided in clause 1, Article 40 of this Law; property that the husband and wife jointly inherit or are jointly given; and other property that the husband and wife agree to treat as common property. 2. Land use rights that the husband or wife acquires after marriage are common property of the husband and wife, except where the husband or wife inherits them separately, is given them separately, or acquires them through a transaction using separate property.”

Law on Marriage and Family 2014 — Article 43 (Separate property of husband and wife):

“1. The separate property of a husband or wife comprises property that each person had before the marriage; property separately inherited or separately given during the marriage; property separately apportioned to the husband or wife under Articles 38, 39, and 40 of this Law; property serving the essential needs of the husband or wife; and other property that, under the law, is the separate property of the husband or wife. 2. Property formed from the separate property of a husband or wife is also their separate property. Yields and profits arising from separate property during the marriage are dealt with under clause 1, Article 33 and clause 1, Article 40 of this Law.”

Law on Marriage and Family 2014 — Article 59 (Principles for resolving spouses’ property on divorce):

“1. Where the statutory matrimonial property regime applies, the property is dealt with by agreement of the parties; if they cannot agree, then at the request of the husband, the wife, or both, the court resolves it under clauses 2, 3, 4, and 5 of this Article… 2. The common property of husband and wife is divided in half, but taking into account the following factors: a) The circumstances of the family and of the husband and wife; b) The contribution of the husband and wife to creating, maintaining, and developing the common property. The labour of a husband or wife within the family is regarded as income-generating labour; c) Protection of each party’s legitimate interests in production, business, and profession so that the parties have conditions to continue working and generating income; d) The fault of each party in breaching the rights and obligations of spouses.”

I — Common property and separate property

According to lawyer Lê Bình Phương, identifying the type of property is the first and most important step before discussing the ratio of division.

COMMON property includes:

1. Income from labour and business during the marriage (salary, company profits, bonuses);
2. Real estate bought during the marriage with common funds — even if titled in one spouse’s name;
3. Property jointly given or jointly inherited;
4. Yields and profits arising from separate property (for example, rent from one spouse’s separate house collected during the marriage);
5. Property that the spouses agree to treat as common property (including property that was previously separate);
6. Property that cannot be determined to be common or separate — presumed common (Article 33, clause 3 of the Law on Marriage and Family 2014).

SEPARATE property includes:

1. Property held before the marriage — which must be supported by documents (contract, certificate, date of issue);
2. Property separately inherited during the marriage (under a will designating it for one spouse alone);
3. Property separately given during the marriage (it must clearly state “given separately to [name]”);
4. Property serving the essential needs of the husband/wife (clothing, personal effects, personal work tools);
5. Property formed from separate property (selling a separate house → buying a new house = still separate property);
6. Property that was separately apportioned from common property during the marriage.

II — Principles for dividing common property (four factors)

Common property is not automatically split 50/50. The court weighs the following four factors:

Factor 1 — The circumstances of the family and of each party:

The court considers current income, health, age, and dependants (children, elderly parents). The party in more difficult circumstances is usually awarded a larger share to secure their life after divorce — especially when raising children.

Factor 2 — Contribution:

This is usually the most contested factor. Under Resolution 01/2024:

• Labour within the family (homemaking, raising children, caring for parents-in-law) = income-generating labour — counted on par with money-earning work;
• A spouse who runs a business and directly creates substantial assets may be awarded a larger share for that direct effort;
• A spouse who brings money/land from before the marriage to build common property is credited with special contribution.

Factor 3 — Protecting legitimate interests in production and business:

If one party runs a business, they may be allowed to keep most of the shares/business premises to keep operating — the other party receives equivalent value in money or other property. The principle: do not disrupt a functioning business.

Factor 4 — The fault of each party:

This is something many people do not know. A party who engages in the following conduct may have their share reduced by the court:

• Domestic violence;
• Adultery with evidence;
• Gambling or drug addiction that destroys property;
• Dissipating assets before divorce;
• Neglecting family responsibilities, failing to support the children.

The division ratio is often adjusted from 50/50 to 60/40 or 70/30 depending on the degree of fault.

III — Special division situations

1. A house titled in one spouse’s name bought during the marriage:

Principle: it is still common property and must be divided. The spouse not named on the title must prove that the purchase funds were common property (account statements, salary and bonuses during the marriage, a joint bank loan).

2. A house given by parents to a son/daughter who is already married:

• If the gift deed clearly states “given to [child’s name] as separate property” → separate property;
• If the gift deed states jointly “given to the couple” → common property;
• If it is given only to the child without specifying → presumed separate property under Article 43 (separately given during the marriage).

3. Savings in a bank account:

• An account in one spouse’s name is not automatically separate property;
• If it holds salary or income deposited during the marriage → common property even though the account is in one person’s name;
• Money transferred from a separate account held before the marriage → separate property if the source can be proven.

4. A business operating during the marriage:

• Established during the marriage = common property;
• Established before the marriage but with capital increased during the marriage = the increased capital is common property;
• Valued at actual value as at the time of divorce (see the in-depth article on dividing company shares on divorce).

5. Common debts:

Under Article 27 of the Law on Marriage and Family 2014, common property obligations include debts borrowed for the family’s essential needs and joint business debts. Both parties are jointly liable to the creditor; after divorce they are apportioned in the ratio the court decides.

6. Personal borrowing used for common spending:

The purpose of use must be proven. If it can be shown that the borrowed money went to family spending (buying a house, children’s tuition, living expenses) → common debt. If it was borrowed for gambling or a failed personal investment → separate debt, borne by the borrower alone.

IV — Dowry gifts

Dowry gifts (money and gold given at the wedding, gifts from the parents of the wife/husband) are a separate topic worth exploring in depth — details in the article Dowry gifts — separate or common property. The general principle: it must be proven whether the giver intended to give separately to the wife or to both.

V — Property division agreements (an alternative to litigation)

An out-of-court agreement is always better than a trial in terms of time (3–6 months vs. 1–2 years), cost (tens of millions vs. hundreds of millions in court fees + valuation), and the relationship between the parties (especially where there are children). The parties can:

1. Agree before filing the divorce petition: Draw up a notarised property-division document. When filing for divorce by mutual consent, the court only needs to confirm this agreement.
2. Mediate at court after suing: The court encourages mediation throughout the proceedings. When an agreement is reached, the court issues a decision recognising it.
3. A prenuptial agreement: Under Article 47 of the Law on Marriage and Family 2014, spouses may agree on a matrimonial property regime before marriage — specifying in detail which property is common, which is separate, and how it is divided on divorce. This is a very effective protective tool for those with substantial assets before marriage.

VI — Real-World Situation

Mr K (44, a businessman) and Ms H (40, a homemaker) divorce after 15 years of marriage, with 2 children. Common property:

• A house worth VND 8 billion in HCMC (bought in 2015, titled to Mr K);
• A joint-stock company where Mr K is CEO (founded in 2012, before the marriage, with initial capital of VND 1 billion — currently valued at VND 25 billion);
• Common savings of VND 1.5 billion;
• A car worth VND 1.2 billion;
• A bank debt of VND 2 billion (to buy the house).

Mr K committed adultery and had a child with another person — Ms H has full evidence.

Legal analysis:

1. The VND 8 billion house: common property (bought during the marriage); the VND 2 billion debt is a common debt;
2. The company: the original VND 1 billion capital is Mr K’s separate property (pre-marriage); the VND 24 billion increase is common property (gained during the marriage);
3. The VND 1.5 billion savings + VND 1.2 billion car: common property;
4. The fault factor: Mr K’s adultery → the court may reduce his share;
5. Homemaking contribution: Ms H raised the children + cared for the family for 15 years → counted on par with the business effort.

Division plan:

• Net common property = 8 (house) + 24 (company increase) + 1.5 (savings) + 1.2 (car) − 2 (debt) = VND 32.7 billion;
• Because of the adultery fault, Mr K’s share is reduced: Ms H 55%, Mr K 45%;
• Ms H receives: 55% × VND 32.7 billion = VND 17.985 billion;
• Mr K receives: 45% × VND 32.7 billion = VND 14.715 billion + retains the VND 1 billion original company capital (separate property) = VND 15.715 billion.

Division in kind:

• Ms H receives the house (VND 8 billion − VND 2 billion bank debt = VND 6 billion net) + custody of the children + support of VND 15 million/month × 2 children until age 18;
• Mr K keeps the company + the car + compensates Ms H for the shortfall: VND 17.985 − 6 = VND 11.985 billion in cash, paid in instalments over 5 years at 8%/year interest, secured by 30% of the company’s shares.

Frequently Asked Questions

What is the principle for dividing property on divorce? → Split the common property in half, considering the four factors in Article 59 of the Law on Marriage and Family 2014.

According to lawyer Lê Bình Phương, “in half” does not always mean 50/50. The actual ratio ranges from 40/60 to 70/30 depending on circumstances, contribution, business, and fault. The party who loses is usually the one who did not prepare good evidence of contribution and circumstances.

Must property titled in one spouse’s name be divided on divorce? → Yes, if it was formed during the marriage.

According to lawyer Lê Bình Phương, this is a common misunderstanding. Being named on the title is not the basis for determining separate property — the source of the property is what decides. A spouse named on the title who wants it treated as separate property must prove that the purchase funds were separate property.

Is a stay-at-home wife entitled to a share of property on divorce? → Yes. Homemaking labour is counted on par with business effort.

According to lawyer Lê Bình Phương, Resolution 01/2024/NQ-HĐTP has clarified this. A homemaker wife who does the household work — raising children, caring for parents-in-law — is contributing effort that enables the husband to earn income. This is an indirect contribution but one the law recognises.

Important Notes

Preparing evidence of property and of contribution determines the outcome of the litigation. You should gather:

• Bank account statements for the last 5 years (to prove cash flows);
• Property documents across the periods;
• Salary, bonuses, and labour contracts of both parties;
• Messages and emails discussing family finances;
• Statements from relatives about each party’s contribution;
• Medical records if one party has a limited capacity to work.

For high-value assets, a family-law specialist combined with a corporate lawyer is the optimal choice — understanding both the Law on Marriage and Family and how to value businesses, shares, and complex real estate.

Related Articles

• Separate property vs. common matrimonial property — how to tell them apart
• Dowry gifts — separate or common property
• Dividing property when one spouse hides or dissipates assets
• Dividing company shares on divorce
• Dividing common property on divorce
• If the certificate is in the husband’s name alone, is the wife entitled to a share on divorce?
• Debt incurred before marriage — who pays on divorce?

Conclusion

Dividing property on divorce in 2026 still follows the core principle of the Law on Marriage and Family 2014: common property is divided in half but with four factors considered (circumstances, contribution, business, fault). Resolution 01/2024/NQ-HĐTP has reinforced the homemaker’s rights — household labour is counted on par with money-earning effort. The winning strategy: correctly identify common vs. separate property, prepare evidence of contribution and of the other party’s fault, and consider an out-of-court agreement for complex assets. Consult a lawyer early — do not wait until you receive a lawsuit — to prepare as well as possible.

See also: Who is Lawyer Lê Bình Phương?