If the house and land are only in the husband's or wife's name, are they divided on divorce?

The name on the land use right certificate (sổ đỏ) does not by itself decide who owns the house and land. Land use rights acquired by the wife or husband after marriage are joint property (tài sản chung), unless inherited separately, given separately or bought with separate property (Article 33(1) of the Law on Marriage and Family 2014 (Đ.33 khoản 1 Luật HN&GĐ 2014)). In a dispute, the named person who wants to keep it separately must prove it; if they cannot, the house and land are treated as joint property and divided under Đ.59 (Đ.33 khoản 3, Đ.34 khoản 2).

If the certificate shows only one name, who owns the house and land?

The law requires the certificate for joint property to show the names of both spouses, unless the spouses agree otherwise (Đ.34 khoản 1). In practice, many certificates show only one name, because the property was bought before this law took effect, because of the procedure, or because one side asked the other to hold the title.

When the certificate shows only one name and there is a dispute, the law refers back to the rule in Đ.33 khoản 3: if there is no basis to prove it is separate property, it is joint property (Đ.34 khoản 2). So the right question is not "whose name is on it" but "when was it acquired and with whose money".

What if the parents gave land without any papers?

This is a very common dispute. Precedent 03/2016/AL (Án lệ 03/2016/AL) provides that where parents have given a married child a piece of land, the couple has built a solid house to live in without the parents and family objecting, the couple has used the house and land continuously, openly and stably, and has declared it and been issued a certificate, it must be found that the couple has been given the land use right.

In the original case (cassation decision 208/2013/DS-GĐT of the Civil Court of the Supreme People's Court), the lower courts had ordered the couple to return the land to the husband's parents. The Supreme People's Court disagreed with that finding. This precedent gives a daughter-in-law or son-in-law a basis to claim a share of land that the spouse's family says was only "lent to live on".

Conversely, if parents want to give land to their own child alone, they should make a notarised deed of gift stating clearly that it is a separate gift.

Is land bought before the date of marriage registration definitely separate property?

Not definitely. Precedent 82/2025/AL (Án lệ 82/2025/AL) decided a case where the two had filed the marriage registration form and held the wedding, the wife bought land in her name a few weeks before the date of marriage registration, and the seller confirmed selling to both spouses. The Council of Judges of the Supreme People's Court found the plot to be joint property. See the analysis in the case of land bought before marriage registration.

Another common case: one person buys a home before marriage but pays most of the instalments during the marriage from joint income. When separate and joint property have been mixed, the side who contributed is paid the value of their contribution, unless otherwise agreed (Đ.59 khoản 4). The specific calculation depends on the evidence in each case.

Can the named person sell the joint house and land alone?

No. Disposing of real estate that is joint property requires a written agreement of the spouses (Article 35(2)(a) (Đ.35 khoản 2 điểm a)). If the certificate shows only one name, the transaction must still follow the rules on representation between spouses (Đ.26, Đ.34 khoản 2).

If the house is the couple's only home, every transaction requires the agreement of both, even if the house is one spouse's separate property; the separate owner has the right to transact but must ensure housing for the couple (Đ.31).

If you are worried the other side will sell to hide assets before the divorce, when filing ask the court to apply an interim emergency measure (biện pháp khẩn cấp tạm thời), such as a ban on transferring rights to the property. You should ask a lawyer about the conditions and any security you may have to pay.

How is joint house and land divided on divorce?

Residential land and perennial crop land are divided under Đ.59: in halves, taking into account contribution, circumstances and fault (Đ.62 khoản 2 điểm c). Agricultural land for annual crops or aquaculture goes preferably to the side who needs it and is able to use it directly, and that side pays the other (Đ.62 khoản 2 điểm a). A land use right that is one side's separate property stays with that side (Đ.62 khoản 1).

A house and land usually cannot be cut in half. The court gives it to one person, who pays the other the difference in value (Đ.59 khoản 3). If the house is one side's separate property, the other side with housing difficulties may stay on for 6 months (Đ.63). The court fee on dividing house and land is based on the value each person receives, see dividing property on divorce.

What papers should you keep?

• The marriage certificate and the marriage registration form (the date the form was filed may matter).
• The sale contract, receipts for money, statements of transfers to the seller.
• Deeds of gift, wills, minutes of family meetings about giving the land.
• Invoices and contracts for building the house, and who paid the builders.
• Statements from the seller, neighbours and local authorities about who uses the house and land.

When to ask a lawyer

• The other side's family says the land was only "lent to live on" even though you built a house and have lived there for years.
• The house and land are in the name of a relative of the husband or wife but were actually bought with money from the two of you.
• The other person has already sold or mortgaged the house and land without asking you.