Division of property is the most complicated issue in a divorce case. If you do not pay attention enough, You may loss your properties.
There are 2 ways to divide property for you to choose:
- Both parties can actively agree to divide property and submit that agreement to the court for their consideration and accepting that agreement. This is the fastest way to divide property in divorce
- If both parties cannot reach an agreement, you can require the court to divide the property. At that time, the division of property will be based on the legal provisions of Vietnam. In principle, the property will be divided 50-50, however, the Court will consider the following factors to divide the property:
- The status of your family and of the spouse;
- Contribution of husband and wife to the creation, maintenance and development of property. The working of husband and wife in family is considered as income job;
- Protect the legitimate interests of each party in production, business so that the parties have conditions to continue working to generate income;
- The fault of each party in violating the rights and obligations of husband and wife.
The property shall be divided in kind, if it cannot be divided in kind, it shall be divided according to its value; which party receives a portion of the property in kind with a value greater than its share, must pay the other party the difference in cash.
If the parties cannot reach an agreement on the division of property, the time to resolve property division upon divorce by the court may be prolonged depending on the complexity of certain case. It is better to seek the help of an attorney experienced in this field.