A married couple is still living happily together, but they want to divide part of their common property — for example, so that one spouse holds sole title to a house for business convenience. Does the law allow spouses to divide property while the marriage continues? This article answers based on the law in force as of October 2026.
1. Short answer: yes — except where the agreement is void
The answer is yes. Under Article 38 of the Law on Marriage and Family 2014 (latest consolidated text 121/VBHN-VPQH dated 27 August 2025), during the marriage, spouses may agree to divide part or all of their common property. If they cannot agree, either spouse may ask the Court to settle the division (Clause 1, Article 38).
2. Formal requirement: the agreement must be in writing
Under Clause 2, Article 38, an agreement on dividing common property must be made in writing. It is notarized at the spouses’ request or as required by law. In practice:
- An unwritten agreement is very hard to prove if a dispute arises;
- For real estate, notarization is in practice mandatory to transfer title and be effective against third parties.
3. When is the agreement void? The debt-evasion trap
This is the key practical point. Under Article 42, an agreement dividing common property during the marriage is void when:
- It seriously affects the interests of the family or the lawful rights and interests of minor children, adult children who lack civil act capacity, or who cannot work and have no property to support themselves;
- It is aimed at evading obligations: support and maintenance obligations, compensation for damage, debt repayment, tax payment, and other property obligations arising after the division.
In other words, spouses cannot use property division to escape debts — such an agreement is treated as void.
4. Distinguish: division during marriage vs. division on divorce
Two different regimes must be distinguished:
- Division of common property during the marriage (Article 38): the marriage continues, and the spouses voluntarily agree to divide part or all of the property;
- Division on divorce (Article 59): the Court divides common property when granting divorce, under its own principles (considering each party’s contributions, circumstances, fault, and so on).
5. Checklist before signing the agreement
- Put the agreement in writing, clearly stating which property is divided and each spouse’s share;
- Have it notarized — in practice mandatory for real estate;
- Check whether the division affects the interests of the family or the children;
- Check whether the division is aimed at evading any debt, tax, or property obligation;
- Do not confuse this with the procedure for dividing property on divorce (Article 59).
Contact us
FLAT Law Firm advises on marriage and family matters: agreements on dividing common property, notarization, and resolution of spousal property disputes. Contact: contact us.
Disclaimer: This article is for general information only and does not replace legal advice for your specific case. Laws may change; please consult a lawyer before acting.
Transparency label: This article was prepared with the support of the FLAW AI Legal Council, an AI-assisted legal review system. It is not a legal opinion from a human lawyer who has reviewed your case.
