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Joint Debts, Separate Debts and Spousal Liability under Vietnamese Law
In divorce proceedings, determining whether a debt is classified as joint or separate plays a decisive role in defining the financial obligations of each spouse. In practice, many disputes arise not from the value of assets, but from misunderstandings regarding the legal nature of debts.
Under Article 37 of the Law on Marriage and Family 2014, joint debts include:
Debts jointly agreed upon by both spouses;
Debts incurred by one spouse to meet the essential needs of the family, such as daily living expenses, childcare, education, medical treatment, or maintaining family life.
Even if a loan agreement is signed by only one spouse, it may still be considered a joint debt if the funds were used for family purposes.
Pursuant to Article 45 of the Law on Marriage and Family 2014, separate debts include:
Debts incurred before marriage;
Debts arising from illegal acts of one spouse;
Debts independently incurred by one spouse not serving the family’s interests and without the consent of the other spouse.
The spouse who incurs a separate debt is solely responsible for repayment, unless otherwise agreed or proven to benefit the family.
Vietnamese law imposes joint liability for joint debts. Accordingly:
Creditors may demand repayment from one or both spouses;
Not signing the loan agreement does not automatically exempt a spouse from liability if the debt served essential family needs.
This is a common legal risk in divorce disputes.
Under Article 370 of the Civil Code 2015, an agreement between spouses on who will repay a debt:
Is binding only between the spouses;
Has no legal effect against creditors unless the creditor expressly consents.
Without such consent, both spouses remain jointly liable for the debt.
Incorrect classification of debts may result in long-term financial obligations even after divorce.
GIVLAW provides legal services to:
Analyze loan documents and financial evidence
Accurately determine joint and separate debts
Protect clients’ lawful rights in divorce and marital property disputes
GIVLAW – Your trusted legal partner in marriage and family matters.
