Dividing Property in Divorce: Is the 50/50 Rule Absolute?

19-08-26 MTParners

Vietnamese courts can split marital property 60/40, 70/30, or even 80/20 based on each spouse’s actual contribution — being named on the property title does not automatically guarantee half.

Many people still assume that in a divorce, joint marital property is automatically split equally. In fact, under Clause 2, Article 59 of the 2014 Law on Marriage and Family (Law No. 52/2014/QH13), an equal split is only the starting point for the court’s consideration — alongside family circumstances, each spouse’s actual contribution, fault in violating marital obligations, and protection of each party’s legitimate interests in production, business, and profession. In court practice across many localities, it is not uncommon for property to be divided at a ratio heavily favoring one spouse — and this is entirely lawful.

An equal split is only the starting point, not a fixed formula

Clause 1, Article 59 provides that joint marital property is held in common ownership and is divided equally upon divorce. But this is merely the starting point of the calculation. Clause 2 of the same article sets out four groups of factors the court must consider before determining the final ratio: the circumstances of the family and of each spouse; each spouse’s effort and contribution to creating, maintaining, and growing the joint property; protection of each party’s legitimate interests in production, business, and profession so they can continue working; and each party’s fault in violating spousal rights and obligations. In other words, the law does not treat 50/50 as a mandatory outcome, but as an initial presumption that can be adjusted based on specific evidence.

Housework and childcare also count as “contribution”

One point many overlook: “contribution” under Article 59 is not limited to money or assets held in one’s name. Decree No. 126/2014/ND-CP, guiding implementation of the Law on Marriage and Family, makes clear that a spouse’s domestic labor is treated as labor generating income. This means a spouse who stays home to manage the household and raise children so the other spouse can focus on their career is recognized as making an equivalent contribution — not dismissed as “contributing nothing” simply because they are not named on the property or lack cash income. Conversely, a higher-earning spouse who does not directly care for the children or household is not automatically entitled to a larger share.

When property is split unevenly — an illustrative scenario

Court practice shows numerous cases where property has been divided at ratios of 60/40, 70/30, or even 80/20 where clear grounds exist. Illustrative example (a hypothetical scenario, not an actual case): a couple married for 15 years holds joint property consisting of a house funded mainly by proceeds from land privately gifted to one spouse’s parents but later merged into joint assets, plus both spouses’ income. If the other spouse can prove fault in the breakdown of the marriage (for example, infidelity or domestic violence confirmed through a police record or an administrative penalty decision), or a markedly lower contribution, the court may lawfully divide the property unevenly to achieve substantive fairness, rather than mechanically applying an equal ratio.

Practical impact

Misunderstanding this principle commonly leads to two mistakes: accepting an equal split despite having made a disproportionately larger contribution, or expecting a larger share simply for being named on the property without evidence of contribution or the other party’s fault. Both outcomes can harm a spouse’s interests if the matter goes to court or is negotiated outside litigation.

Recommendations

Keep evidence of income, financial contributions, and non-financial contributions (childcare, housework, supporting the other spouse’s career) throughout the marriage.
If there are grounds for the other party’s fault (domestic violence, infidelity, dissipation of assets, etc.), collect lawful evidence as early as possible — records, confirmations from competent authorities, messages, photos.
Clearly distinguish separate property (pre-marital, privately gifted, or inherited) from property that has been merged into joint assets, as this is an important basis for determining the division ratio.
Consider a property division agreement before filing suit, with guidance from a lawyer, to avoid losing out due to not fully understanding the right to request division based on contribution.

MT & Partners Law Firm, with a team of experienced lawyers, is ready to advise and support clients in assessing contributions, gathering evidence, and protecting property rights in divorce. Contact hotline 0987140772 or email info@mtpartners.vn for consultation.

(*) This article is for reference only and does not replace specific legal advice.

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