How to ask for a divorce from your husband who won't split the property?

Luật Sư: Lê Minh Công

10:33 - 02/12/2020

Property is a typical relationship and most arises from legally recognized marital relationships in our country today. Assets upon divorce will be directly agreed upon by the couple (if it is a divorce agreement) or requested to consider the Court for settlement if (if unilaterally divorced).

Recently, We - Marriage Law Advisory Center 1900.6512 have received many questions asking customers' answers through the call center about the content of the divorce request husband refused to divide assets to do? The following, the call center would like to answer from a consultant named Nguyen A. (28 years old) sent as follows:

Q: "My husband and I are married to each other, have been registering marriages at competent state agencies since August 2016. The process of sharing the river was initially very happy but increasingly, I found him to have improper manifestations, more serious is that recently (from October 2019) I discovered he had an external mistress and I had evidence, I felt sad and felt that this marriage should end. In the process of co-living, we have created land attached to the house in the name of both husband and wife; in addition, there are no other assets or debts. Now I'm asking for a divorce. Looking forward to receiving the advice and the earliest response of the Lawyer. I would like to thank you."

A: DFC lawyers first of all would like to thank the trust of customers for the trust of customers with online consulting department through the call center. The following, lawyers of the Call Center would like to give directions to solve the problem with the contents of the request for advice as follows:

First of all, you and your husband in August 2016 went to register their marriage at the competent state agency. Since then, this has been defined as the period when their marriage was recognized by law. Therefore, the property created during this time (the couple has houses attached to the land in the name of the Certificate of Land Use Rights) should be according to The Article 26, 33 law on Marriage and Family 2014, this is the common property of the couple.

Then, on the grounds of divorce, according to the story you share, you have evidence that your husband committed adultery so in accordance with the law, you can completely ask the Court to apply for a divorce unilaterally on the grounds that one party has seriously violated the obligations of the couple , causing prolonged serious marital life, the purpose of marriage is not achieved ...;

- Finally, with the question of how husbands do not divide assets, in accordance with the law, if you and your spouse can not agree on property relations when divorced, they can ask the court to consider and resolve the property issue in accordance with the law. After a judgment is in effect settled by a competent court, if your husband does not voluntarily enforce the judgment, you can file a judgment enforcement petition with the judgment requesting the judgment enforcement agency to enter for you.

The above is the content of advice of DFC lawyers on the contents of divorce husbands do not share assets. If you have any questions or related legal contents, please contact the Marriage Law Call Center 19006512 press 2 to receive the most accurate and complete advice. Sincerely!

Luật Sư: Lê Minh Công

Luật Sư: Lê Minh Công

Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.

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