Case Law No. 82/2025/AL on the Determination of Common Property of Husband and Wife Prior to Marriage Registration

Source of the Precedent:

Cassation Decision No. 02/2022/HNGĐ-GĐT dated January 13, 2022, of the Judicial Council of the Supreme People's Court regarding the matrimonial 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 persons with related rights and obligations are Ms. Nguyen Thi Ngoc B and Mr. Nguyen Kim D.

Location of the Precedent's Content:

Paragraphs 7, 8, 9, 10, and 11 of the "Assessment of the Court" section.

Overview of the Precedent

Precedent Legal Situation:

A husband and wife, where one party is a foreigner, have completed the marriage registration declaration form and held a wedding ceremony. Subsequently, the Vietnamese spouse enters into a contract for the transfer of land use rights and is granted a land use right certificate before the marriage is officially registered. The transferor confirms that the land use rights were transferred to both the husband and wife.

Legal Solution:

In this case, the Court must determine that the land use rights acquired by one party constitute the common property of the husband and wife.

Legal Provisions Related to the Precedent:

• Clause 7 Article 8, Article 27, Article 32, Article 95 of the Law on Marriage and Family 2000 (corresponding to Clause 13 Article 3, Article 33, Article 43, Article 59 of the Law on Marriage and Family 2014, as amended and supplemented in 2025);

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

Keywords of the Precedent:

"Common property of husband and wife"; "Contract for transfer of land use rights"; "Prior to marriage registration"; "Marriage registration declaration".

CASE DETAILS

The plaintiff, Mr. E, and his authorized representative, Ms. Le Nguyen Vi V, stated: Mr. E and Ms. Nguyen Thi Ngoc C married on August 6, 2013, at the People's Committee of Binh Dinh Province. On November 2, 2016, Mr. E filed for divorce from Ms. C. Regarding common children and common debts: none, and no request for Court resolution. Regarding common property, it includes:

• Machinery, equipment, and electronic items purchased before and during the marriage period, including a refrigerator, TV, washing machine, microwave, and air compressor, with a total value of nearly 50,000,000 VND. He initially requested the division of these assets but later voluntarily withdrew this request.

• An area of 1,288 m² in H Hamlet, T Commune, B District, Binh Thuan Province: This land area was originally acquired by him and his wife through a transfer from Mr. Tran Minh P and Ms. Nguyen Thi P1 for 600,000,000 VND. The couple signed a handwritten purchase agreement with Mr. P and Ms. P1 on October 5, 2013, for the total 1,288 m² of land. However, since only 589.8 m² had a land use right certificate, on October 8, 2013, the couple and Mr. P's family went to the Notary Office to complete the transfer procedures for the 589.8 m² and made a down payment of 322,000,000 VND. The remaining land area was to be processed later once its certificate was issued. On April 8, 2014, Mr. P's family and the couple went to Notary Office S to execute a transfer contract for the remaining 590.7 m² of land after Mr. P and Ms. P1 were granted its certificate. The couple paid the full transfer amount. However, Ms. C deceived him twice, claiming that as a foreigner he could not hold title under the contract, so she should be the sole signatory. Yet, Ms. C instead allowed Mr. Nguyen Kim D and Ms. Nguyen Thi Ngoc B (Ms. C's older brother and sister) to stand as the buyers in the contracts, specifically:

  • Under the land use right transfer contract dated October 8, 2013, Mr. Tran Minh P, Ms. Nguyen Thi P1, and Ms. Tran Thi Minh P2 (child of Mr. P and Ms. P1) transferred to Ms. C and Ms. B an area of 589.8 m² (Plot No. 57, Map Sheet No. 03) for 249,900,000 VND, notarized at Notary Office S.

  • Under the land use right transfer contract dated April 8, 2014, Mr. Tran Minh P and Ms. Nguyen Thi P1 transferred to Mr. Nguyen Kim D an area of 590.7 m² (Plot No. 57, Map Sheet No. 335) for 100,000,000 VND, notarized at Notary Office S.

• By June 2014, he and Ms. C obtained a building permit and constructed a Grade 3B house with an area of 173.85 m², costing approximately 700,000,000 VND.

• An area of 600 m² of land in H Hamlet, T Commune, B District, Binh Thuan Province: This land area originated from a transfer from Ms. Tran Thi N to the couple for 280,000,000 VND under a Land Purchase Agreement dated July 9, 2013. The parties executed two transfer contracts as follows:

  • The land use right transfer contract dated July 9, 2013, where Ms. Tran Thi N and Ms. Tran Thi Huyen M (Ms. N's daughter) transferred to Ms. C an area of 291.3 m² (Plot No. 56, Map Sheet No. 3, later certified as Plot No. 58, Map Sheet No. 335) in H Hamlet, T Commune, B District for 100,000,000 VND, notarized at Notary Office S.

  • The land use right transfer contract dated September 26, 2014, where Ms. Tran Thi N and Ms. Tran Thi Huyen M transferred to Ms. C an area of 261.4 m² (Plot No. 67, Map Sheet No. 335) in H Hamlet, T Commune, B District for 130,000,000 VND, notarized at Notary Office S.

The source of funds to purchase the aforementioned plots of land was provided by him to Ms. C. However, due to language barriers and his trust in Ms. C, combined with the restriction that foreigners could not hold land use right certificates, he allowed Ms. C to be named on the certificates. He now requests the Court to divide the common property between him and Ms. C equally, consisting of the Grade 3B house and the 1,888 m² of land, valued at a total of 1,630,000,000 VND.

The defendant, Ms. Nguyen Thi Ngoc C, stated: She agreed with Mr. E’s statements regarding the marriage and children. As Mr. E requested a divorce, she consented. Regarding common debts: She and Mr. E owed Ms. Tran Thi To U the amount of 300,000,000 VND. Since Mr. E currently holds the debt note, she did not request the Court to resolve this amount.

Regarding common property: She claimed the couple had no common property. The assets described by Mr. E were the separate property of her and her siblings, specifically:

• The 291.3 m² plot of land was purchased from Ms. Tran Thi N using her own accumulated savings before she met Mr. E, as evidenced by the handwritten property purchase agreement dated July 9, 2013.

• The 589.8 m² plot of land (Land Use Right Certificate issued by the People's Committee of B District, Binh Thuan Province on November 15, 2013, in the names of Ms. Nguyen Thi Ngoc C and Ms. Nguyen Thi Ngoc B) originated from a transfer by Mr. Tran Minh P and Ms. Nguyen Thi P1 to her and Ms. B. However, Ms. B contributed 85% of the total value, and she contributed only 15% using her pre-marital separate funds.

• The 590.7 m² plot of land (Land Use Right Certificate issued by the People's Committee of B District on May 8, 2014, in the name of Mr. Nguyen Kim D) was acquired by Mr. D from Mr. Tran Minh P and Ms. Nguyen Thi P1. It was unrelated to her, though Mr. D agreed to let her manage and use it.

• Regarding the house: It was built using funds pooled by Mr. D, Ms. B, and herself. She held only a small share and acted as the representative manager.

• She denied receiving any money from Mr. E to purchase the land or construct the house.

The person with related rights and obligations, Ms. Nguyen Thi Ngoc B, stated: In November 2013, she purchased a plot of land from Mr. Tran Minh P and Ms. Nguyen Thi P1 through Ms. C. Because Ms. C had signed a land purchase contract and paid a deposit of 50,000,000 VND but subsequently had marital friction and lacked the funds to complete the purchase, Ms. B bought the certified portion of the land for a total of 322,000,000 VND. An additional uncertified 108 m² within the plot arose, so both sides negotiated to split the loss 50/50, though she could not recall the exact amount. She was the one who negotiated with Mr. Tran Minh Q (Mr. P's son) and delivered the money to Mr. P's family. The purchase money came from her family's savings; Ms. C only contributed the initial 50,000,000 VND deposit. She objected to Mr. E's request to divide the land use rights because it belonged to her, and she had merely asked Ms. C to hold the title to facilitate transactions.

The person with related rights and obligations, Mr. Nguyen Kim D, stated: In early 2013, after their marriage, his younger sister Ms. C and her husband planned to buy land in D Hamlet to build a commercial house but lacked financial capacity, so they asked to borrow money from family members. However, due to subsequent frequent arguments and discord, they abandoned the plan. Consequently, Ms. B helped Ms. C purchase the certified 589.8 m² plot from Mr. P, while the remaining 590.7 m² uncertified plot was left to be dealt with after its paperwork was completed. He later assisted with the house construction over a period of two years. By April 2014, when the remaining land certificate was issued, he purchased it from Mr. P and Ms. P1 for 250,000,000 VND. He personally handed over the money to Mr. P and Ms. P1 at Notary Office S. This was his separate asset, so he opposed the division requested by Mr. E.

The person with related rights and obligations, Ms. Tran Thi N, stated: On July 9, 2013, she and her family members unanimously agreed to transfer 600 m² of land in H Hamlet, T Commune to Mr. E and Ms. C for 280,000,000 VND, payable in multiple installments. On September 26, 2014, the parties executed the formal contract at the notary office to process the land use right certificate. She received the payment from both Ms. C and Mr. E at the notary office. Ms. C mentioned that Mr. E was a foreigner, did not know Vietnamese, and was not permitted to acquire land in Vietnam, so Ms. C signed the transfer contract on behalf of the couple. She confirmed that the land was transferred to the couple (Mr. E and Ms. C), and Mr. E signed the transfer documents in his capacity as Ms. C's husband, not as a transfer to Ms. C individually.

The persons with related rights and obligations, Mr. Tran Minh P and Ms. Nguyen Thi P1, stated: On October 5, 2013, they transferred an area of 1,288 m² (of which 589.8 m² was certified and the remainder was awaiting certification) in H Hamlet, T Commune to Mr. E and Ms. C for 600,000,000 VND. The parties executed only a handwritten document signed by Mr. E. When signing the formal notarized transfer contracts on October 8, 2013, and April 8, 2014, Mr. E's name was omitted because Ms. C explained that he was a foreigner who did not speak Vietnamese and was legally barred from owning land in Vietnam. They received the full payment from Ms. C; Mr. E did not directly participate in the handover of money. The transfer of the 1,288 m² plot was executed in two stages: first, for the certified portion, the notary public came to their home for them and their daughter, Ms. Tran Thi Minh P2, to sign; second, for the uncertified portion, they accompanied Ms. C and Mr. D to the notary office. They did not notice who signed the contract due to poor eyesight and illiteracy, signing and thumbprinting as instructed by the notary officer. They confirmed that they intended to transfer the land use rights exclusively to Ms. C and Mr. E.

In the First-Instance Matrimonial and Family Judgment No. 34/2017/HNGĐ-ST dated November 30, 2017, the People's Court of Binh Thuan Province decided:

• To recognize the mutual consent to divorce between Mr. E and Ms. Nguyen Thi Ngoc C.

• To accept Mr. E's withdrawal of a part of his claims regarding assets valued at 50,000,000 VND (air compressor, refrigerator, etc.) and terminate proceedings for those withdrawn parts.

• To accept the plaintiff's request for property division upon divorce.

• To determine that the common property established during the marriage consisted of the 1,888 m² of land under Land Use Right Certificates No. BQ 214308 (Nov 15, 2013), No. BS 735727 (Oct 22, 2014), No. BP 237780 (July 22, 2013), No. BQ 214310 (Nov 15, 2013), and No. BS 681961 (May 8, 2014), all issued by the People's Committee of B District; and one (1) Grade 3B house with a construction area of 173.85 m², floor area of 173.85 m², and a height of 7.091m (brick walls, wooden pillars, reinforced concrete corridor pillars, 20cm ceramic-tiled balconies with floral frames, balusters, wooden panel doors, wooden stair handrails, and wooden floors). The total asset value was 3,104,426,000 VND.

• To determine that the contributions of both parties were equal, awarding each party an asset value of 1,552,213,000 VND.

• To grant Ms. Nguyen Thi Ngoc C ownership and management of the 1,888 m² of land and the Grade 3B house. Ms. Nguyen Thi Ngoc C was ordered to reimburse Mr. E the sum of 1,552,213,000 VND.

On December 7, 2017, Ms. C, Mr. D, and Ms. B appealed the first-instance judgment regarding the division of common property. On December 13, 2017, Mr. E appealed, requesting a re-valuation of the house and the 1,888 m² plot of land, and requested a court fee exemption.

In the Appellate Matrimonial and Family Judgment No. 04/2019/HNGĐ-PT dated March 5, 2019, the High People's Court in Ho Chi Minh City decided to accept the appeals of Mr. E, Ms. Nguyen Thi Ngoc C, Ms. Nguyen Thi Ngoc B, and Mr. Nguyen Kim D, amending the first-instance judgment as follows:

a) Determine the common property of Mr. E and Ms. C created during the marriage to include:

• Plot No. 67, Map Sheet No. 335, in H Hamlet, T Commune, B District, Binh Thuan Province; certified under Certificate No. BS 735727 dated October 22, 2014, in the name of Ms. Nguyen Thi Ngoc C. The land use right value was provisionally determined at 282,312,000 VND based on the Valuation Certificate of M Valuation Joint Stock Company dated June 7, 2017.

• $1/2$ of the land area of Plot No. 57, Map Sheet No. 03, in C Section, H Hamlet, T Commune, B District; certified under Certificate No. BQ 214308 (Nov 15, 2013) in the name of Ms. Nguyen Thi Ngoc C and Certificate No. BQ 214310 (Nov 15, 2013) in the name of Ms. Nguyen Thi Ngoc B. The land use right value was provisionally set at 318.492.000 VND.

• The Grade 3B house built on Plot No. 57, Map Sheet No. 3, provisionally valued at 1,232,569,663 VND.

b) Assign entire usage and ownership of the land and house to Ms. C.

c) Compel Ms. C to reimburse Mr. E 30% of the land use right value (provisionally 180,241,200 VND) and 20% of the house value (provisionally 246,514,000 VND). Regardless of market fluctuations, Ms. C must pay Mr. E 30% of the land value and 20% of the house value calculated at the time of judgment enforcement.

The total provisional asset value to be received by Mr. E was 426,755,000 VND, and by Ms. C was 1,406,618,436 VND.

On May 22, 2019, Mr. E requested a cassation review of the appellate judgment. On November 23, 2021, the Chief Justice of the Supreme People's Court issued Cassation Protest Decision No. 10/2021/KN-HNGĐ, requesting the Judicial Council of the Supreme People's Court to quash both the appellate and first-instance judgments regarding the property division portion and remit the case to the People's Court of Binh Thuan Province for a retrial.

ASSESSMENT OF THE COURT:

[1] Regarding the matrimonial relationship: Mr. E and Ms. Nguyen Thi Ngoc C married on August 6, 2013. Due to irretrievable breakdown, both consented to divorce. The lower courts' recognition of their mutual consent to divorce is well-founded.

[2] Regarding the determination of common property:

[3] For Plot No. 67, Map Sheet No. 335 (261.4 m²) in H Hamlet, T Commune, B District, Binh Thuan Province:

[4] On September 26, 2014, Ms. Tran Thi N and her daughter transferred this plot to Ms. Nguyen Thi Ngoc C for 130,000,000 VND, notarized at Notary Office S. The receipt dated September 26, 2014, identified the payers as both Mr. E and Ms. Nguyen Thi Ngoc C. Ms. Tran Thi N confirmed she transferred the land to the couple.

[5] Although the certificate was solely in Ms. C's name, the asset was acquired during the marriage, and Ms. C failed to provide evidence proving it was her separate property. Therefore, the lower courts correctly identified this plot as common property pursuant to Clause 3 Article 27 of the Law on Marriage and Family 2000 and Item b Article 3 of Resolution No. 02/2000/NQ-HĐTP.

[6] For Plot No. 58, Map Sheet No. 335 (291.3 m²) in H Hamlet, T Commune, B District, Binh Thuan Province:

[7] On July 9, 2013, Ms. Tran Thi N and her daughter transferred this plot to Ms. Nguyen Thi Ngoc C for 100,000,000 VND, notarized at Notary Office S. On July 22, 2013, the land certificate was issued in Ms. C’s name.

[8] Mr. E claimed it was common property, while Ms. C contended it was her separate property purchased before marriage using personal funds.

[9] However, Ms. Tran Thi N confirmed she transferred the plot to both Mr. E and Ms. C, and that Ms. C stated Mr. E could not be named in the contract as he was a foreigner. Under Article 9 of the Land Law 2003, foreigners were not permitted to receive land use right transfers in Vietnam. Thus, the fact that only Ms. C was named as the transferee on the contract and the certificate aligns with the testimonies of Mr. E and Ms. Tran Thi N.

[10] Although the transfer contract dated July 9, 2013, was executed before the official marriage registration (August 6, 2013), Mr. E and Ms. C had already filed their marriage registration declaration on April 16, 2013, and held their wedding ceremony in July 2013.

[11] Therefore, there are sufficient grounds to determine that Plot No. 58, Map Sheet No. 335 (291.3 m²) is the common property of Mr. E and Ms. C. The first-instance court's determination was correct; the appellate court's reversal declaring it Ms. C's separate property was flawed.

[12] For Plot No. 57, Map Sheet No. 3 (589.8 m²) and Plot No. 57, Map Sheet No. 335 (590.7 m²) in H Hamlet, T Commune, B District:

[13] On October 5, 2013, Mr. Tran Minh P, Ms. Nguyen Thi P1, and their eight children transferred 1,288 m² of land to Ms. C for 500,000,000 VND via a handwritten, un-notarized contract signed by both Ms. C and Mr. E. When formal notarized contracts were executed on October 8, 2013, and April 8, 2014, the land was split into two: Ms. C and Ms. B took title to the 589.8 m² portion, while Mr. D took title to the 590.7 m² portion.

[14] Based on these contracts, individual certificates were issued on November 15, 2013, and May 8, 2014.

[15] Mr. E claimed these were common marital assets, while Ms. C, Ms. B, and Mr. D asserted they were separate family properties.

[16] However, the transferors (Mr. P and Ms. P1) explicitly stated they only intended to transfer the land to Mr. E and Ms. C, not to Ms. B or Mr. D, repeating that Ms. C cited Mr. E's foreign status as the reason for his omission from the text. This aligns with the restrictions under the Land Law 2003 and supports the testimonies of the transferors and Mr. E.

[17] Furthermore, Ms. B and Mr. D did not actually manage or use these lands. Instead, Mr. E and Ms. C managed them and built a house on Plot No. 57, Map Sheet No. 3. The construction contractor, Mr. Phan Hồng K, confirmed that Mr. E and Ms. C paid for the building expenses.

[18] Consequently, the house and land across both plots constitute the common property of Mr. E and Ms. C, not the property of Ms. B and Mr. D.

[19] The appellate court's ruling splitting the 589.8 m² plot and assigning the 590.7 m² plot entirely to Mr. D lacks any legal basis.

[20] While the first-instance court correctly identified these as common assets, it failed to evaluate the legality of the land use right certificates issued to Ms. B and Mr. D, leaving the case incomplete.

[21] Regarding property division: The appellate court's division awarding 70% of the land value to Ms. C and 30% to Mr. E failed to protect Mr. E's lawful rights and violated the principles of equal split under Article 59 of the Law on Marriage and Family 2014. The first-instance court's equal 50/50 split of the land value was correct. However, for the house value, since Mr. E moved elsewhere during construction, leaving Ms. C to finalize the building, the appellate court's award of 20% of the house value to Mr. E was appropriate.

[22] Regarding property valuation: The first-instance court valued the land at 1,871,856,000 VND and the structures at 1,232,570,000 VND based on a 2017 valuation. Mr. E requested a re-valuation during the appeal. The appellate court commissioned a re-valuation, but claimed it could not be done due to Ms. C's non-cooperation. Mr. E's representative independently hired M Valuation Joint Stock Company, which valued the land at 3,825,172,400 VND in October 2018. The appellate court's dismissal of this re-valuation as unnecessary severely compromised Mr. E's legal interests.

For the alternative reasons stated above,

DECISION:

Pursuant to Point a Clause 2 Article 337, Clause 1 Article 342, Clause 3 Article 343, and Clauses 1 and 2 Article 345 of the Civil Procedure Code 2015;

1. Accept Cassation Protest Decision No. 10/2021/KN-HNGĐ dated November 23, 2021, of the Chief Justice of the Supreme People's Court.

2. Quash Appellate Matrimonial and Family Judgment No. 04/2019/HNGĐ-PT and First-Instance Matrimonial and Family Judgment No. 34/2017/HNGĐ-ST regarding the determination and division of common property.

3. Remit the case file to the People's Court of Binh Thuan Province for a first-instance retrial on the property determination and division in compliance with the law.

PRECEDENT CONTENT

“[7] On July 9, 2013, Ms. Tran Thi N and Ms. Tran Thi Huyen M (Ms. N's daughter) transferred to Ms. Nguyen Thi Ngoc C Plot No. 56, Map Sheet No. 3 (now Plot No. 58, Map Sheet No. 335) with an area of 291.3 m² in H Hamlet, T Commune, B District for 100,000,000 VND, notarized at Notary Office S. On July 22, 2013, Ms. Nguyen Thi Ngoc C was granted a land use right certificate by the People's Committee of B District.

[8] Mr. E claimed that the aforementioned 291.3 m² of land is the common property of the husband and wife and requested its division. Ms. Nguyen Thi Ngoc C contended that this land area is her separate property purchased prior to her marriage to Mr. E using her personal funds.

[9] However, according to the confirmation of Ms. Tran Thi N, she transferred the said land plot to the husband and wife, Mr. E and Ms. Nguyen Thi Ngoc C. Ms. Tran Thi N further stated that because Ms. Nguyen Thi Ngoc C mentioned Mr. E was a foreigner, he could not be named in the land use right transfer contract and could not purchase land in Vietnam. Under Article 9 of the Land Law 2003, foreigners were not permitted to receive transfers of land use rights in Vietnam. Therefore, the fact that only Ms. Nguyen Thi Ngoc C was named (as the transferee) in the aforementioned land use right transfer contract, and that on July 22, 2013, the People's Committee of B District issued the land use right certificate in the name of Ms. Nguyen Thi Ngoc C, is consistent with the testimonies of Mr. E and Ms. Tran Thi N.

[10] Although the land use right transfer contract dated July 9, 2013, was signed before Mr. E and Ms. Nguyen Thi Ngoc C registered their marriage (August 6, 2013), Mr. E and Ms. Nguyen Thi Ngoc C had already submitted their marriage registration declaration on April 16, 2013, and had celebrated their wedding in July 2013.

[11] Consequently, there are grounds to determine that Plot No. 58, Map Sheet No. 335 with an area of 291.3 m² is the common property of Mr. E and Ms. Nguyen Thi Ngoc C. The first-instance court's determination that it was the common property of Mr. E and Ms. Nguyen Thi Ngoc C is well-founded. The appellate court's determination that it was the separate property of Ms. Nguyen Thi Ngoc C is incorrect.”