Living Together Without Marriage Registation In Vietnam
Cohabitation without legal marriage registration often complicates the division of assets or child custody disputes. In the absence of a mutual agreement, the Court shall adjudicate based on the parties' petitions and evidence, strictly adhering to the following principles:
1. Protection of Lawful Rights and Interests
The settlement of property relations must prioritize the lawful rights of women and children. Notably, housework and other related activities essential to maintaining the cohabitation are legally recognized as income-generating labor.
2. Division of Real Estate and High-Value Assets
Commonly disputed assets include Land Use Rights (LURs), vehicles, and corporate shares.
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Basis for Division: The Court evaluates the financial contribution and efforts invested by each partner. Valid proofs (contracts, payment receipts, or witness testimonies) are mandatory.
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Physical Division vs. Monetary Compensation: For indivisible assets like land, the Court will conduct a valuation. The partner who retains the asset is obligated to compensate the other party in cash, as stipulated in the Court's judgment.
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Post-Judgment Procedures: Once the judgment takes effect, partners must present the Court's statement and the "Red Book" (LUR Certificate) to competent authorities for title transfer.
3. Corporate Interests and Business Shares
Partners must demonstrate their specific contributions to the entity. If the Court mandates changes to capital, stocks, or management rights, the parties must submit the Court's statement and the Business Registration Certificate to the licensing authority for official amendments.
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