Sổ đỏ đứng tên một mình chồng, khi ly hôn vợ có được chia không? (Luật sư Lê Bình Phương phân tích)The Land-Use Right Certificate Is in the Husband's Name Alone — Does the Wife Get a Share on Divorce? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Quick Answer

Yes — the wife gets a share of that property, if it was created during the marriage. The name on the certificate does not determine ownership on divorce. What determines it is the source from which the property arose: common property or separate property.

Relevant Legal Provisions

Article 33, clause 1 of the Law on Marriage and Family 2014 (No. 52/2014/QH13):

“The common property of a husband and wife includes property created by the husband or wife, income from labour… during the marriage… A land-use right that the husband or wife acquires after marriage is the common property of the couple, except where the husband or wife receives it as a separate inheritance, a separate gift, or through a transaction using separate property.”

Article 33, clause 3: where there is no basis to prove that property is separate, it is treated as common property.

Article 59, clause 2(d): when dividing property, the court considers “the fault of each side in breaching the rights and obligations of spouses.”

Analysis and Application

In reality, many families buy a house and land during the marriage but put it in only one person’s name for procedural convenience. This does not change the legal nature: land bought with common funds during the marriage is still common property.

Conversely, if the husband can prove the land was bought with separate funds (inherited money, or a separate gift), then it is separate property and the wife has no share.

Lawyer Lê Bình Phương emphasises: the burden of proof lies with the person asserting that it is separate property — that is, the husband must prove it, not the wife who must prove the contrary.

Real-World Situation

Ms M and her husband married in 2015 and bought a plot of land in 2018 with the savings of both, but the certificate named only the husband. In 2025 he filed for divorce and argued, “The certificate is in my name, so the property is mine.” The court rejected this argument and divided the plot in half, because there was no evidence that this was separate property.

Frequently Asked Questions

The certificate is in the husband’s name alone, but it was bought with money the husband’s parents gave him separately during the marriage — does the wife get a share on divorce?

No. This is separate property under Article 43, clause 1 of the Law on Marriage and Family 2014.

According to lawyer Lê Bình Phương, you must keep evidence of the origin of the property (the gift document, the will, the bank transfer), because this is the decisive factor in a dispute.

On divorce, can the division ratio of the property differ from 50/50?

Yes. The court may adjust it according to the contribution, the circumstances, and the fault of each side under Article 59, clause 2 of the Law on Marriage and Family 2014.

According to lawyer Lê Bình Phương, if one side contributed more, or the other side was at fault in the marriage (violence, adultery), the court may adjust the division ratio.

Related Articles

• If the husband commits adultery, does the wife get a larger share of property on divorce?

• Debt incurred before marriage — who has to repay it on divorce?

• If the husband commits adultery, does the wife get a larger share of property on divorce?

• Divorce and child custody: rules on support and changing the custodial parent

Conclusion

The name on the certificate is not the only factor determining who gets a share of the property on divorce. If the land was created during the marriage with common property, the wife has every right to claim a share even though the certificate is in the husband’s name alone.

See also: Who is Lawyer Lê Bình Phương?

Analysis by lawyer Lê Bình Phương