Does being the sole name on a Land Use Right Certificate before official marriage automatically mean it is separate property? 🤔
Following our sharing series on the latest Case Laws approved by the Council of Justices of the Supreme People’s Court at the end of 2025, we’re pleased to share key insights into Case Law No. 82/2025/AL. This represents a landmark judicial shift in determining common assets for marriages involving foreign elements.

⚖️ TYPICAL LEGAL SCENARIO
🔹 A couple (one being a foreign national) had filed a marriage registration declaration and held a wedding ceremony.
🔹 Before the official Marriage Certificate was issued, the Vietnamese spouse signed a contract to receive land use rights in her name only.
🔹 The foreign spouse could not be named on the title due to legal restrictions on foreign land ownership at that time.
🔹 The transferor (seller) confirmed that the transaction was intended for both husband and wife.

🔍 THE COURT’S BREAKTHROUGH APPROACH
Instead of strictly relying on the date issued on the Marriage Certificate, the Court applied a “Fairness and Reality” approach to protect the legitimate rights of the parties:

1. Overcoming Administrative Barriers: The Court recognized the Marriage Declaration and the Wedding Ceremony as clear evidence of the parties’ actual intent to establish a family relationship.

2. Focus on the Seller’s Intent: The transferor’s testimony—confirming the land was sold to the “couple”—served as a pivotal factor in determining the asset’s origin, overriding the single name on the contract.

3. Protecting Foreign Nationals’ Rights: The Case Law acknowledges that foreign nationals often rely on relatives or spouses to hold titles due to language barriers or legal restrictions, thereby restoring their actual ownership rights in divorce settlements.

📌 KEY TAKEAWAYS IN THIS CASE
🔹Evidence is Key: Maintain records of marriage declarations, wedding photos, and written confirmations from sellers as vital legal foundations.
🔹Determination of Contribution: In such cases, contributions are generally presumed to be equal unless there is substantial evidence to the contrary.
🔹Scrutinize “Nominee” Titles: Land registered under the names of in-laws or relatives can still be declared a common asset if there is sufficient proof of “holding on behalf” and actual management/usage by the couple.

🔗 Source: Case Law No. 82/2025/AL
⚠️ Disclaimer: The information provided above is for sharing purposes only and does not constitute our formal legal advice.

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