Sharing land use rights of couples when divorcing

The Lao Dong Newspaper Legal Consulting Office replied:

Article 62 of the 2014 Law on Marriage and Family stipulates the division of land use rights between husband and wife upon divorce as follows:

1. The right to use land is the property of which party it is, but when divorced, it still belongs to that party.

2. The division of land use rights as common property of a husband and wife upon divorce is carried out as follows:

a) For agricultural land for annual crops and aquaculture, if both sides have a need and have conditions for direct land use, it shall be divided according to the agreement of both sides; if the agreement cannot be reached, the Court shall be required to resolve the matter according to the provisions of Article 59 of this Law.

In case only one party has a need and conditions for direct land use, that party may continue to use but must pay the other party for the value of land use rights that they enjoy;

b) In case the husband and wife have the right to use agricultural land for annual crops and aquaculture in common with the household, when divorced, the husband and wife's land use rights shall be separated and divided according to the provisions of Point a of this Clause;

c) For agricultural land for perennial crops, forestry land for forestry, residential land shall be divided according to the provisions of Article 59 of this Law;

d) For other types of land, they are divided according to the provisions of the law on land.

3. In case the couple lives with their families without land use rights with households, when divorced, the benefits of the party have no land use rights and not continue to live with the family to be resolved in accordance with Article 61 of this Law.

Thus, the division of land use rights of a husband and wife upon divorce is regulated as above.