ÁN LỆ SỐ 82/2025/AL: VỀ XÁC ĐỊNH TÀI SẢN CHUNG CỦA VỢ CHỒNG TRƯỚC KHI ĐĂNG KÝ KẾT HÔN / CASE LAW NO.

Adopted by the Council of Justices of the Supreme People’s Court on December 24, 2025, and promulgated under Decision No. 339a/QĐ-CA dated December 25, 2025 of the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

Cassation Decision No. 02/2022/HNGĐ-GĐT dated January 13, 2022 of the Council of Justices of the Supreme People’s Court concerning the marriage and family case “Dispute over Divorce and Division of Property upon Divorce” between the plaintiff, Mr. E, and the defendant, Ms. Nguyễn Thị Ngọc C; with related parties Ms. Nguyễn Thị Ngọc B and Mr. Nguyễn Kim D.

Location of the relevant content in the Case Law:

Paragraphs 7, 8, 9, 10, and 11 of the section “Court’s Findings.”

Summary of the Case Law:

Case Law scenario:

One spouse was a foreign national. The parties had executed a marriage registration declaration and held a wedding ceremony. Thereafter, prior to the official registration of their marriage, the Vietnamese spouse entered into a contract for the transfer of land use rights in his/her own name and was issued a Certificate of Land Use Rights. The transferor confirmed that the land use rights had been transferred to the husband and wife.

Legal solution:

In this circumstance, the Court must determine that the land use rights acquired by one party through transfer constitute the common property of the spouses.

Relevant legal provisions:

Clause 7, Article 8; Articles 27, 32, and 95 of the Law on Marriage and Family 2000 (corresponding to Clause 13, Article 3; Articles 33, 43, and 59 of the Law on Marriage and Family 2014, as amended and supplemented in 2025);

Article 215 of the Civil Code 2005 (corresponding to Article 208 of the Civil Code 2015).

Keywords:

“Marital common property”; “Contract for transfer of land use rights”; “Prior to marriage registration”; “Marriage registration declaration.”

Link for reading: CASELAW No 82/2025/AL

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