If the house is registered in the husband's name, is the wife entitled to an equal share of the property upon divorce?
A house registered in the husband's name can still be considered joint property if it was acquired during the marriage. Upon divorce, the wife is still entitled to a share of the property, and may even receive a larger share if she can prove contributions from her family.
Ms. Nguyen Thi Le (40 years old, residing in Hanoi) asks:During our 10 years of marriage, my husband and I bought a house, but the ownership documents are only in my husband's name. Notably, part of the money for the house came from my family. When we divorce, I request a 50/50 split of this property.
So, is the house registered in my husband's name considered joint property? Does my family's financial contribution count?
Lawyer Le Hang from TAT Law Firm answers:In principle, according to Article 33 of the 2014 Law on Marriage and Family, assets created by husband and wife during the marriage are considered common property, regardless of whose name the property is registered in.
At the same time, Article 34 of this law also stipulates that the registration of ownership and usage rights only serves the purpose of state management and does not change the nature of joint ownership if the property was acquired during the marriage.
Therefore, in Ms. Le's case, if the house was purchased after the couple got married, legally it is still considered joint property, even if the certificate is only in the husband's name; unless the husband can prove it is his separate property according to Article 43 of the 2014 Marriage and Family Law.
When resolving a divorce, it's not simply a matter of determining whether assets are joint or separate; the division of assets is not automatically a 50/50 split.
According to Article 59 of the 2014 Law on Marriage and Family, the division of property must consider many factors such as the contributions of each party to the creation, maintenance, and development of the property; the circumstances of the family and each party; as well as the fault of each party in the marital relationship.
In Ms. Le's case, if she can provide evidence that her family contributed money to the house purchase (money transfer documents, confirmation from relevant parties, or appropriate testimony), this amount will be considered by the court as a factor demonstrating her contribution.
Judicial practice shows that in cases where there is financial support from one side's family, the court may determine this to be a source of asset formation and adjust the division ratio accordingly. This means the wife may receive a larger share of the assets instead of a mechanical 50/50 split.
Therefore, in this situation, the house will most likely still be considered joint property of the husband and wife. However, the specific division ratio will depend on proving the source of the financial contributions as well as other related factors as stipulated by law.
