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Cohabitation without legal marriage is a modern reality. However, a major legal headache often arises when the relationship ends: Who truly owns the joint assets, especially when the "Land Title" is registered under only one name?
Case Precedent 82/2024/AL serves as the definitive legal framework to resolve these disputes with absolute fairness.
The original case (Decision 02/2022/HNGĐ-GĐT) involved a couple who jointly invested in land and construction. Due to legal restrictions on foreign ownership, the title was held by only one party. Lower courts initially erred by treating the assets as "marital community property" and splitting them 50/50.
The Judicial Council corrected this, identifying it as Ownership in Common by Portion arising outside of marriage.
Titles Do Not Determine Everything: Having a name on the Land Use Right Certificate is merely a formality. Actual ownership is determined by the origin of funds and the effort contributed.
Division Based on Actual Ratios: There is no "automatic split." Assets are divided based on hard evidence of the capital each party invested and their contributions to maintaining the property.
Protecting Actual Rights: The precedent scrutinizes foreign elements or "nominee" arrangements to ensure no one is unjustly deprived of their legitimate assets.
Non-marital property disputes are notoriously tricky due to a lack of formal agreements. To win, you require:
Evidence Recovery Expertise: Givlaw assists in tracing bank statements, verifying cash transactions, and securing witness testimonies.
Accurate Precedent Application: We utilize Case Precedent 82 to dismantle the opposing party’s flawed arguments and restore the case to its true nature of "ownership by portion."
Aggressive Litigation Strategy: Maximizing the protection of every square meter and asset value you have worked hard to build.
Givlaw – We don’t just litigate; we restore equity to your life’s work.
