MỘT SỐ VẤN ĐỀ PHÁP LÝ VỀ TÀI SẢN KHI NAM, NỮ SỐNG CHUNG NHƯ VỢ CHỒNG MÀ KHÔNG ĐĂNG KÝ KẾT HÔN / LEGA

The cohabitation of a man and a woman as husband and wife without marriage registration has become increasingly common in modern social life. Many couples choose to live together before marriage, or due to personal, family, or legal reasons do not carry out marriage registration in accordance with the law. However, when the relationship ends, disputes regarding property, common debts, the rights and interests of common children, etc., often arise and become complicated. Vietnamese law has established a separate mechanism to address this type of relationship, which is entirely different from a lawful marital relationship. The following article provides a comprehensive analysis of legal issues relating to property of a man and a woman living together as husband and wife without marriage registration, based on the current legal framework and judicial practice.

1. Legal provisions

The Law on Marriage and Family 2014, in addition to recognizing marriage, the relationship between husband and wife, the relationship between parents and children, relationships among other family members, maintenance obligations, etc., also provides regulations on resolving the consequences of a man and a woman living together as husband and wife without marriage registration. Accordingly, Clause 1 Article 14 of the Law on Marriage and Family 2014 provides: “1. A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of this Law.”.

Based on the above provision, cohabitation as husband and wife without marriage registration is not recognized by law as a marital relationship and does not give rise to rights and obligations between husband and wife. Accordingly, the settlement of property-related consequences when a man and a woman live together as husband and wife without marriage registration shall be resolved in accordance with Article 16 of the Law on Marriage and Family 2014, specifically:

"1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.”

Accordingly, where a man and a woman live together as husband and wife without marriage registration, no marital relationship arises and therefore no rights and obligations between husband and wife exist. Property relations shall be settled according to the agreement between the parties; in the absence of such agreement, they shall be resolved in accordance with the Civil Code and other relevant legal provisions.

Pursuant to Article 207 of the Civil Code 2015, common ownership is the ownership of property by multiple subjects, and includes ownership by shares and unified ownership. Article 219 of the Civil Code 2015 provides for the division of property under common ownership as follows:

“1. Where multiple ownership property is divisible, each owner has the right to request the property to be divided. If the property must be maintained within a certain period of time as agreed by all owners or as prescribed by law, each owner only has the right to request the property to be divided upon expiry of that period. Where the property is not able to be divided in kind, it shall be valued in terms of money for the purposes of division, unless otherwise agreed.

2. Where a person requests one of the owners of multiple ownership property to fulfill a payment obligation and such owner does not have private property or sufficient private property to make the payment, the requesting person has the right to request that the multiple ownership property be divided in order to receive monetary payment and such person shall be entitled to participate in the division of the property, unless otherwise provided by law.

If the shares of ownership rights are not able to be divided in kind or if such a division is opposed by the remaining owners, the requesting person has the right to request the owner with the obligation to sell its share of ownership rights in order to fulfill the payment obligation.”

In addition, Clause 4 Article 3 of Joint Circular No. 01/2016/TTLT-TANDTC-VKSNDTC-BTP dated 06 January 2016 of the Supreme People’s Court, the Supreme People’s Procuracy, and the Ministry of Justice guiding the implementation of a number of provisions of the Law on Marriage and Family provides: “In cases where a man and a woman live together as husband and wife without marriage registration (regardless of whether the conditions for marriage are violated or not) and there is a request to annul an illegal marriage or a request for divorce, the Court shall accept and resolve the case and apply Articles 9 and 14 of the Law on Marriage and Family to declare that the marital relationship between them is not recognized. If there is a request for the Court to resolve issues relating to the rights and obligations of parents and children; property relations, obligations and contracts between the parties, such matters shall be resolved in accordance with Articles 15 and 16 of the Law on Marriage and Family.”.

Thus, where a man and a woman live together as husband and wife without marriage registration, when a request for property division arises: (i) each person’s separate property shall remain under his/her ownership; (ii) common property shall be divided according to the agreement of the parties; if no agreement can be reached, the parties may request the Court to resolve the matter. The Court shall rely on the provisions of the Civil Code regarding the division of common property to settle the case. The settlement of property relations must ensure the lawful rights and interests of women and children; housework and other work related to maintaining the common life shall be regarded as income-generating labor.

2. Judicial practice

In relation to this issue, judicial practice includes Judgment No. 06/2018/HNGĐ-ST of the People’s Court of Cà Mau City concerning the case where Mr. N and Ms. T lived together from 2012 to 2017 without marriage registration. The parties possessed many assets including a house, land, an SH motorbike, and household property. The Court determined that this relationship was not a lawful marital relationship and only resolved issues relating to the common child and property under Article 16 of the Law on Marriage and Family. After examining the evidence, the Court determined that the house and land were the separate property of Ms. T because there were documents proving that they were given to her; the SH motorbike was the separate property of Mr. N because it was registered under his name and Ms. T had no evidence of contribution; household property was considered common property because it was formed during the period of cohabitation and served family life. As the parties could not prove their respective contribution ratios, the Court applied Article 208 of the Civil Code to divide the property value equally. This approach demonstrates that the Court respects ownership title while still ensuring fairness for assets serving common life.

Another judgment illustrating how the Court evaluates contributions and housework is Judgment No. 54/2020/HNGĐ-ST of the People’s Court of Ninh Kiều District, Cần Thơ. In this case, Mr. L and Ms. H lived together from 2013 and had one common child but did not register their marriage. The house where they lived was purchased for nearly VND 1.4 billion and was registered solely under Ms. H’s name. Mr. L claimed that he contributed 60% of the value. The verification process showed that Mr. L did contribute partially, but the majority of the house value was borrowed and paid by Ms. H. The Court held that Mr. L contributed financially, helped repair the house, and took care of the family; therefore, although the property was registered under Ms. H’s name, it was still considered common property by shares. Ultimately, the Court allocated 70% to Ms. H and 30% to Mr. L. This division reflects a balance between ownership rights and the principle of considering housework contributions under Clause 2 Article 16 of the Law on Marriage and Family.

From the above judgments, it can be seen that the Court’s approach is “hybrid”: it both complies with the principles of property ownership under the Civil Code and applies provisions protecting the weaker party in cohabitation relationships. Article 16 of the Law on Marriage and Family does not create a common property regime similar to that of married spouses, but it also does not rely purely on ownership recorded in documents. This particular nature requires the Court to comprehensively assess the cohabitation relationship, including the duration of cohabitation, each party’s income, the level of contribution, who takes care of the family, and who directly repays debts or creates assets.

Although the law recognizes housework contributions, in practice there are no specific quantitative criteria for assessment. This leads to inconsistencies in adjudication among courts. Some courts divide property on a 50/50 basis if the relationship is considered long-term; others divide it according to ratios such as 70/30 or 80/20 depending on the level of proof. This raises the need for more detailed guidance or the issuance of precedents to ensure consistency.

Overall, Vietnamese law has established a reasonable mechanism for resolving property issues when a man and a woman live together as husband and wife without marriage registration. This mechanism both protects the legality of the marriage institution and ensures fairness for the weaker party. However, to limit disputes, the parties should clearly understand their rights and proactively make agreements and preserve evidence of their contributions from the time the property is created. From the perspective of judicial authorities, continued compilation of practical cases, issuance of precedents, and unified guidance will contribute to a clearer and more transparent legal basis for the application of the law in the future.

FDVN’s Lawyer