Resolving disputes between two people living together as husband and wife without registering marriage

In practice, civil dispute resolution cases related to property and children between two people living together as husband and wife without registering their marriage are becoming increasingly common, especially in the context of changing social perceptions regarding informal cohabitation.

In this article, BLawyers Vietnam presents 03 key notes on resolving disputes between two people living together as husband and wife without registering their marriage.

1. Disputes regarding marital relationships

According to the Law on Marriage and Family (“LOMF”) 2014, a marital and family relationship is established when the conditions for marriage are met and the marriage is officially registered. Accordingly, if a man and a woman meet all the legal conditions for marriage but live together as husband and wife without registering the marriage, this does not give rise to marital rights and obligations between them. Rights and obligations regarding children, property, liabilities, and agreements between the parties shall be resolved in accordance with the LOMF, as specifically discussed in Items 2 and 3 below.

In addition, pursuant to the guidance provided in Resolution No. 02/2000/NQ-HDTP dated 23 December 2000 and Resolution No. 35/2000/NQ-QH10 dated 09 June 2000, in cases where a man and a woman live together as husband and wife without registering their marriage and one party requests a divorce, the court shall handle the case as follows:

1. The case shall be resolved in accordance with the divorce provisions of the LOMF if the relationship was established before 03 January 1987; or
2. The court shall declare that the marital relationship is not legally recognized, and any disputes regarding children and property shall be resolved in accordance with the LOMF.

In practice, when the court adjudicates cases related to marital relationships between a man and a woman living together as husband and wife without registering their marriage, the Court’s views are as follows:

1. Judgment No. 912/2023/HNGD-PT of the People’s Court of Ho Chi Minh City dated 31 August 2023, the Court stated as follows: (1) Reaffirming that the nature of the dispute in this case is “Divorce, child custody dispute”; (2) Based on Articles 9 and 14 of the LOMF, the court declared that the marital relationship between the plaintiff and the defendant is not legally recognized.
2. Judgment No. 25/2019/HNGD-ST of the People’s Court of Phu Ninh district, Phu Tho province dated 16 August 2019, the court stated as follows: (1) Based on the plaintiff’s request to not recognize the marital relationship, and comparing it with the marriage conditions as stipulated under the LOMF 2000, which was in effect at the time the parties lived together; (2) Based on Articles 9.1, 14, and 15 of the LOMF and Resolution No. 35/2000/QH10, the court declared that the marital relationship between the parties is not legally recognized.

Thus, in cases where a man and a woman living together as husband and wife without registering their marriage request a divorce, the court will still accept the case, but it will declare that the marital relationship between the man and the woman is not legally recognized.

2. Disputes regarding property relations

According to the LOMF, in cases where a man and a woman live together as husband and wife without registering their marriage, property disputes will be resolved as follows:

1. In cases where there is an agreement regarding property relations, including the division of jointly acquired property during the period of living together as husband and wife, any disputes will be resolved according to that agreement; or
2. In cases where there is no agreement regarding property relations, disputes will be resolved in accordance with the provisions of the Civil Code and other relevant legal regulations.

Specifically, disputes regarding jointly owned property will be resolved as follows:

1. The division of the common property is based on: (1) Ownership in shares: the man and the woman have rights and obligations regarding the common property in proportion to their respective ownership shares; or (2) Joint ownership in entirety: the man and the woman have equal rights and obligations regarding the common property.
2. The man and the woman are considered joint owners and have the right to request the division of property. If the property cannot be divided physically, either the man or the woman has the right to request a division, which may involve selling their shares, unless otherwise agreed;
3. If the person required to fulfill the obligation does not have sufficient personal property, the requesting party may propose dividing the common property to settle the obligation; and
4. If the property cannot be physically divided, the entitled party may still request the sale of the obligated party’s share to fulfill the payment.

However, in practice, the adjudication perspectives of the courts vary. Specifically:

1. Judgment No. 06/2018/HNGD-ST of the People’s Court of Ca Mau province, dated 10 August 2017, the court concluded as follows: (1) For registered property (including land use rights and assets attached to the land, motorcycles), it is identified as separate property in the name of the registered owner; (2) For unregistered property (including refrigerators, air conditioners, televisions, etc.), it is divided equally, with the woman receiving the physical assets and the man receiving the value of the assets in cash. The court based its decision on Article 213 of the Civil Code regarding joint ownership of spouses.
2. Judgment No. 02/2023/HNGD-PT of the People’s Court of Yen Bai province, dated 20 September 2023, the court concluded that the house formed during the 27 years of cohabitation between the man and woman is the common property owned jointly in entirety and agreed with the first-instance Court’s decision to equally divide the common property due to the lack of evidence proving a greater contribution in the creation of the common property. The court made this ruling based on Article 210 of the Civil Code 2015 regarding joint ownership in its entirety.

3. Disputes regarding rights and obligations toward children

According to the LOMF 2014, in cases where a man and a woman live together as husband and wife without registering their marriage, disputes regarding rights and obligations toward children shall be resolved in accordance with the regulations on the rights and obligations of parents and children.

1. Child custody shall be resolved in accordance with the following provisions:
   1. When the cohabitation relationship ends, both parents still have the rights and obligations to care for, raise, and educate their minor children, as well as adult children who have lost civil capacity or are unable to work and lack the means to support themselves;
   2. The husband and wife shall agree on who will directly raise the child, as well as each party’s rights and obligations toward the child after divorce. If no agreement can be reached, the court shall decide which party will directly raise the child, based on the best interests of the child in all aspects. If the child is 7 years old or older, the child’s wishes must be taken into consideration;
   3. A child under 36 months of age shall be assigned to the mother for direct custody, unless the mother is deemed unfit to directly care for, raise, and educate the child, or the parents have
2. The obligation to support the child shall be resolved in accordance with the following provisions:
   1. The parent who does not have direct custody of the child has the obligation to respect the child’s right to live with the custodial parent;
   2. The parent who does not have direct custody of the child has the obligation to provide financial support for the child; and
   3. After divorce, the parent who does not have direct custody of the child has the right and obligation to visit the child, and no one is allowed to prevent this.

According to actual judicial practice, disputes regarding child custody are resolved by the court as follows:

1. Judgment No. 10/2021/HNGD-ST issued by the People’s Court of Muong Khuong district, Lao Cai province on 29 July 2021, the court based its decision on the unrecognized marital relationship. Regarding child custody, priority was given to the child’s wishes and consideration was made of the educational conditions to determine the parent who would have primary custody.
2. Judgment No. 07/2020/HNGD-ST issued by the People’s Court of Tam Duong district, Lai Chau province on 25 September 2020, the court did not recognize the marital relationship, and the child was placed with the mother for direct custody. In this case, although the mother’s salary would make it difficult for her to financially support the child, the court also considered the father’s moral character as he frequently drank alcohol and physically abused the child. Therefore, the court decided not to grant custody to the father.

Thus, the rights and obligations of the father, mother, and child in cases where a man and woman live together as husband and wife without registering their marriage are similar to those of a legally recognized marital relationship under the law.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.

Date: 13 May 2025

Writers: Chau Dang & Chau Tran