Vietnam Divorce Law on Properties

Hi Clement....I've seen your other postings (ie: marriage counselor).  I am sorry to see your situation is degrading into possible disolution. If you have documents to prove that you supplied the money for your business (ie: house) but have your wife's name on the deed (because she is Vietnamese), then perhaps the court will look in favor of you.

I am Vietnamese (living in the US) and I visit VN every year.  Becareful when dealing with women there. A poor person will only see opportunity for advancement rather than love. This is NOT the case for ALL but I have "personally" seen enough to stay away.  This is my thoughts...

Good Luck.

The current Vietnamese scale of justice tilts to the side that knows the judge better.

thuy4tien wrote:

A poor person will only see opportunity for advancement rather than love.

This is universal. Not just in Vietnam.

Many gold digger types all around in America.

Thanks guys,

I did help setup the business here and in Msia. Well she is a registered pharmacist and holds two master degree in Finland and a MBA.

We had been together for 8 years and have 4 year old boy who was born in Vietnam but a msian citizen now living in HCMC with her. His passport will expire in 2015. I understand from my embassy that she alone cant renew his passport. She need me to renew it for her. Not sure if I can use this to hold her at ransom to negotiate on our monetary dispute.

As a legal husband the other ace I may have up my sleeve is the property sales law states that when ever she sells any properties of her own too she need my consent.

The other concern I have is can she convert my son citizenship to Vietnamese. She said she can do that. I m not sure. But I personally see things can be change with the help of uncle ho picture!

Didn't really expect her to play me out. I m not sure what to do now. I liquidated everything in Msia to move here bcos of her. But I want now is to move back to Kuala Lumpur with my son if possible.

Thanks you guys had been helpful! I don't have anyone to turn to here!

Clement,

I am sorry for all that you have gone through and about to go through.  They are what I personally dread. 

But from the sound of things, your wife should be pretty well-connected in and around your area.  Then, if that is the case, you will be hard-pressed to get anything over her. 

It is true that Vietnamese divorce proceedings stipulate that properties be divided in halves.  However, unlike in more civilized courts, Vietnamese judges have a lot of leeways; and in cases such as yours, they are known to side with the wife.  You understand what I am trying to say, don't you?

Attorneys can't help you much either, not when your wife is too well-connected. 

You guys still have a child together.  You should try to work things out on amicable terms.  That is always the best route, regardless of where you are at.

Best,
Howie

Wow, your in a bad spot. If the child has one parent who is a VN national, then the child can obtain citizenship, as stated on the government website. I agree with Wild 1 she holds all the aces, the only thing I see to your advantage is the business in Malaysia.Seeing the business is in Malaysia, it will come under Malaysian law, make sure you let her know that, also if you are getting a divorce, she cant sell it whilst that is in motion.I wouldnt just lay down and give up, at least try and resolve it at least for the childs sake. Good luck.

When talking nice don't work...there's always the thugs from District 4 for hire.

Well that is how the locals handle the problem, with thugs.

The thing you have to get into her head is how will all the fighting affect the child.

dtcali wrote:

thuy4tien wrote:

A poor person will only see opportunity for advancement rather than love.

This is universal. Not just in Vietnam.

Many gold digger types all around in America.

It is universal because it's Natural Law.  If you ever watch "Animal Planet" or any type of study/examination in animal behavior, you'll know that the female is attracted to males of strength and resourcefulness. It's so when she mates with him, he'll be able to protect and feed their offspring.  And male are attracted to females that are healthy so that their offspring strong and can survive.

Translating that into the human world.  Women are attracted to guys with money and guys are attracted to good looking girls.  That's why you never see rich guys next to ugly chicks and why good looking chicks are never seen with poor saps. 

It's rare to see a rich old man still lusting for his old broad.  And rare to see a beautiful old woman still hanging out with her poor husband.  In other words, you hear more stories of beautiful women dumping their husbands after their fortunes fade.  And you hear more stories of rich men dumping their wives after they got older. 

Humans kinda throw a wrench in the Natural Law with "Love" but this rarity does exist.

Money,power and ugliness = young beautiful woman by your side,but not always.

good luck clement.. and i hope you manage to talk it out with your going to be ex-wife.

Tran Hung Dao wrote:

dtcali wrote:

thuy4tien wrote:

A poor person will only see opportunity for advancement rather than love.

This is universal. Not just in Vietnam.

Many gold digger types all around in America.

It is universal because it's Natural Law.  If you ever watch "Animal Planet" or any type of study/examination in animal behavior, you'll know that the female is attracted to males of strength and resourcefulness. It's so when she mates with him, he'll be able to protect and feed their offspring.  And male are attracted to females that are healthy so that their offspring strong and can survive.

Translating that into the human world.  Women are attracted to guys with money and guys are attracted to good looking girls.  That's why you never see rich guys next to ugly chicks and why good looking chicks are never seen with poor saps. 

It's rare to see a rich old man still lusting for his old broad.  And rare to see a beautiful old woman still hanging out with her poor husband.  In other words, you hear more stories of beautiful women dumping their husbands after their fortunes fade.  And you hear more stories of rich men dumping their wives after they got older. 

Humans kinda throw a wrench in the Natural Law with "Love" but this rarity does exist.

Moral of the story is:

IF IT FLOATS, FLIES OR F....

RENT IT!!!

Is that Floats,Flies or Farts,lol.

Thanks guys! My visa expired on Oct 1st. I have to leave next week. I planned to get home, then get the divorce document drafted or wait for her to push me for it. I cant decide which to do. According to Msian law a marriage is resolved if the couple is not living together for more then 2 years. I think the 1st thing I should do is make a police report stating that she is not leaving with me.

Best of luck my friend! Sorry for my posts, which are not very helpful.


Danny

Clement,

It sounds like you need time...  So, why start the clock?  Perhaps, a little time away will enable you to see one another in brighter lights?

One of the reasons I never got married, it is harder to get out of then just living together.

I know well you are going through a very hard time Clement.
Be confident in you.'Peace of mind' is a rarest of rare thing in life. We can make money, so leave that! Fighting never give happiness for both. If she willing just get a divorce. This may be good for you in future if you want peace of mind! You already put your fingers to her mouth. So just take it back slowly.. without violence. This is not the right time for revenge. I repeat money..  that you can make again. And one more thing. This is a good lesson for you..... and for all of us!
Colinoscapee! Your decision is absolutely right and wise!

colinoscapee wrote:

One of the reasons I never got married, it is harder to get out of then just living together.

it just means you are not ready for it or have not met some1 whom you plan on staying together for the rest of your life dude..

kool wrote:

it just means you are not ready for it or have not met some1 whom you plan on staying together for the rest of your life dude..

Not necessarily a bad thing!

Thanks guy! Its seem right all this while peace of mind its what I m looking for. No more war and fighting..

Wild_1 wrote:

Clement,

It sounds like you need time...  So, why start the clock?  Perhaps, a little time away will enable you to see one another in brighter lights?

Wild_1 has the right idea, whats the hurry.  Having a child together makes things really tough.  During my divorce, I decided to give my ex everything she asked for plus additional child support money. This was not for her, but so my son would continue to have the same standard of living.  Sometimes I feel like I am supporting her lifestyle, but I want my son to be happy.  The material stuff I lost was just stuff. 
Best thing to do is focus on what is best for your children.  Just my 2000 dong worth...

Kool, I am 52 years old, I have a daughter 27 and a son 24, how much longer should I wait to find the RIght One.

colinoscapee wrote:

Kool, I am 52 years old, I have a daughter 27 and a son 24, how much longer should I wait to find the RIght One.

One of the reasons I never got married, it is harder to get out of then just living together.

would have helped if you rephrased it as 'never got re-married' instead of got married

nevertheless, i hope you will have a second chance and finally get to settle down with some1 you can truly share and feel at peace with

Well you dont have to be married to have kids, as I said, I have never been married, understand that means I had kids without marriage,shock horror.

Clemont,

I really feel for you. You will recover because GOD does not give you more than you can endure. I married a man that had no money. I ironed his clothes everyday, cooked for him everyday, worked outside the home in addition to taking care of home and our only child. Today, some 24 years later..and MONEY. I am still doing those things for him minus me working and our grown child. Why? Because he is the best husband and father in the world!!!!

Have hope and faith my friend



Lan

Guys,

Thank you for the reply and support!

After lengthy discussion with my wife. Now she agreed draft an agreement stating how much $$$ I had loan to her and get signed officially. However I have a few question that I need your advice.

1. Who should I sign the agreement with her company that she own a 100% or directly with her individually?

2. How & who? should I see to get this agreement certified  official that can use in a court of law?

3. In your experience what are the loop holes this sort of agreement.

Please share what else you have in mind?


Thank you!

Clement Chong wrote:

Guys,

Thank you for the reply and support!

After lengthy discussion with my wife. Now she agreed draft an agreement stating how much $$$ I had loan to her and get signed officially. However I have a few question that I need your advice.

1. Who should I sign the agreement with her company that she own a 100% or directly with her individually?

2. How & who? should I see to get this agreement certified  official that can use in a court of law?

3. In your experience what are the loop holes this sort of agreement.

Please share what else you have in mind?


Thank you!

I really advise you to get a civil lawyer for this kind of situation especially one who is more up to date with Vietnam law than us Expats.

Kooi,

Yes. My wife is going to bring to a lawyer to discuss all this matters. Honestly I don't trust lawyers! I m asking around and match answers before casting the agreement in stone.

I would get a nuetral, English speaking lawyer. She will bring a lawyer that will side with her and talk in Vietnamese to make sure it goes her way. As Kool said, get a decent lawyer, dont trust what we tell you as we are not lawyers. I would not take anything written under her company name as she can disolve it and you get squat, it needs to be a personal transaction. Just keep pressing with the,"think about our son, how will it affect him" scenario

Colinscapee,

Yes I agree with you. Alright personal transaction. Put our son 1st to her is a good approach.

Thank you.

I would keep things at the personal level as well, since it was what started everything. 

Get to know the court system in your area.  If possible, get to know a few of the people there; they can lead you to a judge, your ultimate need. 

Aside from getting the terms to be acceptable to you, you must also make sure about the enforceability of those terms.  The Vietnamese version of the sheriff (Thi Hanh An) is still pretty unpolished, if you will.  They have their own interpretations of the laws.  Even the ward police... 

Speaking of the ward police...  You can also get to know one of these guys and get him/her to hook you up with a judge.  They know judges; it is only a matter of whether they want to hook you up or not.

Dear Clement

I have similar problem to yours.  I had legally married a Vietnamese woman and had built a business and bought properties in Vietnam all under her name.  I also have 3 children with her.  She is now filing for a divorce under Vietnam Law and is claiming that the business, all the properties and children are hers.  She is very good in spending money finding ways to get things going her way.  I know that the court will decide in her favor and she would get everything.  But at least I want to fight to get custody of the children as they are very close to me rather than to the mother.

Through your experience, can you recommend a good lawyer that can help me?  The foreign lawyers do not seem to be able to help much in cases concerning family laws.

@ MegaMettle > This is just to inform you that you have posted on a very old thread here and that you may not receive any response from the initiator as he didn't posted on the forum since one year already.

I think that you will obtain more help on the thread that you have just created.

Cheers

Priscilla