Determining the common property of husband and wife before marriage in Vietnam

Determining the common property of husband and wife before marriage in Vietnam

Precedent case No. 82/2025/AL, which determines the common property of husband and wife before marriage in Vietnam, was adopted by the Council of Judges of the Supreme People”s Court on December 24, 2025, and published according to Decision No. 339a/QD-CA dated December 25, 2025, of the Chief Justice of the Supreme People”s Court.

Source of precedent case:
Decision No. 02/2022/HNGD-GDT dated January 13, 2022, of the Council of Judges of the Supreme People”s Court on the marriage and family case "Dispute over divorce and division of property upon divorce" between the plaintiff, Mr. E, and the defendant, Ms. Nguyen Thi Ngoc C; The parties with relevant rights and obligations are Ms. Nguyen Thi Ngoc B and Mr. Nguyen Kim D.

Location of the case law content:
Paragraphs 7, 8, 9, 10, and 11 of the "Court”s Opinion" section.

Summary of the case law content:
- Case law situation:
A married couple, one of whom is a foreigner, had registered their marriage and held a wedding ceremony. Subsequently, the Vietnamese spouse entered into a land use rights transfer contract and was granted a land use rights certificate before the couple registered their marriage. The transferor confirmed the transfer of land use rights to the couple.

- Legal solution:
In this case, the Court must determine that the land use rights transferred by one party are the joint property of the couple.

Legal provisions related to case law:
- Clause 7, Article 8, Article 27, Article 32, Article 95 of the 2000 Marriage and Family Law (corresponding to Clause 13, Article 3, Article 33, Article 43, Article 59 of the 2014 Marriage and Family Law, amended and supplemented in 2025);

- Article 215 of the 2005 Civil Code (corresponding to Article 208 of the 2015 Civil Code).

For any information regarding the determination of marital property before marriage registration according to case law No. 82/2025/AL, please contact us.

Lawyer Vietnam Law Firm, Vietnamese lawyer, attorney at law, solicitor, advocate, barrister