CONSULTANCY ON PROPERTY
DISPUTES AFTER DIVORCE
Image 1. Thinh Tri Law – Advice on resolving property disputes after divorce
Property dispute after divorce is a very common type of dispute caused by couples who want to end their marriage. This dispute can be a dispute over the common property during the marriage or the separate property of the spouses. What is the principle of property division after divorce? In this article, Thinh Tri Law, we will present the way to handle common and separate property of spouses during marriage.
KEY CONTENT
1. How is the property dispute in divorce?
2. Principles of common property division of upon a divorce.
3. Dossier for settlement of property disputes after divorce.
4. Process and procedures for settling property disputes after divorce.
5. Court fees and divorce fees.
- Disputes during marriage are disputes over common property or separate property of spouses. In the process of divorce, husband and wife cannot agree on the division of common property, the involved parties have the right to request the Court to settle the property division. Or if the parties in the divorce process do not ask the court to resolve the division of property, but after the divorce, there is a dispute and conflict in the division of property, the two parties cannot reach an agreement. In order to come up with a common result, in this case, the involved parties must submit a lawsuit against a property dispute for the Court to accept and settle.
- Accordingly, common property is defined as property created by husband and wife from labor, business and production. Income arising from the separate property of the spouses, property donated or inherited for both spouses, or other property agreed upon by the couple to be included in the common property.
- Land use rights created by husband and wife during their marriage are considered as common property, except for cases where the spouses are gifted separately or inherit separately (with proofs), it is not considered as property. common property.
- In addition, in order not to dispute separate property, the spouses must prove that such property is owned before marriage or as a separate inheritance.
➤ See more: What to know about divorce?
Principles of common property division upon divorce.
- According to the principle of property division upon divorce, the Court will respect the right to self-agreement and unity between husband and wife. In cases where husband and wife cannot resolve and reach an agreement on their own, they have the right to request the Court to divide their property.
- However, not all cases will be divided according to the 50/50 principle, it must depend on the following factors:
- Family situation of husband and wife;
- Contributions of husband and wife to the common property in the process of living together;
- Determining the problem in the breach of husband and wife obligations leading to the divorce according to the provisions of the Law on Marriage and Family 2014;
- Ensure the interests of the parties in production and business activities to continue labor activities to generate income.
- For separate property issues that the spouse has grounds to prove that it is his/her own property, it will still belong to the owner of that separate property.
- Disputes over property after a divorce can be attributed to the intervention of local authorities. After conciliation and negotiation, the parties cannot reach an agreement, either party may file a lawsuit requesting the Court to settle.
- The lawsuit file includes:
- Petition to settle property disputes after divorce;
- Copy of ID card/chip- based citizen card, household registration book of the plaintiff (wife or husband);
- Copy of ID card/chip- based citizen card, household registration book or similar legal documents issued by the competent authority of the respondent; Declaration of property in dispute for settlement (Common or separate property) duly notarized.
- In case two parties are in dispute over separate property, they must provide documents proving that it is the separate property of either party.
➤See more What to know about the Law on Marriage and Family 2014
- Step 1: Prepare documents in the lawsuit file
- The petitioner (Plaintiff) prepares the documents in the above-mentioned dossier;
- Pay court fees as prescribed.
- Step 2: Where to file lawsuit
- Plaintiffs proceed to file lawsuits at the People's Courts of Districts/Districts/Cities:
- If the object of the dispute is real estate, the plaintiff must file a lawsuit at the People's Court where the disputed real estate is located.
- Note: if the dispute has a foreign element, the District People's Court will not have the jurisdiction to settle, the jurisdiction will belong to the Provincial People's Court.
- Step 3: The court proceeds to settle the lawsuit case
- The court has the authority to receive the plaintiff's lawsuit file and carry out the settlement procedures and open a trial.
- The time to settle a property dispute after a divorce is about 4-6 months, depending on the object of the property and the complexity of the case.
5. Court fees and divorce fees
-
The latest divorce court fees and fees are specified as follows:
- Divorce court fees
| Order |
Name of fees |
Expense |
| 1 |
First-instance fee for settlement of marriage and family claims |
300.000 VND |
| 2 |
Appellate fees for settlement of marriage and family claims |
300.000 VND |
More:
→ Cases where marriage is prohibited according to current laws.
→ Things to know about before and after marriage.
→ How to determine the common property of husband and wife during marriage.
→ Procedures for amicable divorce with foreigners.
- The above content is about the settlement of property disputes after a divorce, documents and procedures for dispute settlement. Hope this article will bring useful information to customers. If customers are having difficulties in divorce, resolving disputes on joint and separate property, how to prove separate property, disputes about direct custody of children, please contact us:
THINH TRI LAW LIMITED LIABILITY
Hotline: 1800 6365
