Foreigner selling own property requires spouse's permission?

That is a basic lesson of universal laws... "if not exist any capitulations (also called "premarital contract") all goods and debts are joint; the "legal" spouse (worker or vagabond, angel or demon) can demand or claim or cancel as unlegal any transaction" no matter if both are separated or where in the planet got married.

In the practice if someone has acted as single and keeps the documentation as single, everybody will respond to it as single.   But if the spouse appears and claims... the another will confront charges of fraud, penalties and compesations.

In the practice, this is not so easy beause the cheated spouse must to notarize+LegalizeByYourIssuedCountry+ VietnamConsularLegalize+TranslateIntoVietnamese the marriage certificate. and follow the demand in the civil courts with authorized translators bla bla bla.....  That really depends how worthy is the price of the condo (or revenge)

@ajairon Thanks for your reply, this is really something new to me.

If you buy with only signature without your spouse and their spouse has never been to Vietnam, it's possible that the spouse's authorization may not be required for the sale. However, it's essential to confirm this with a legal expert who is well-versed in Vietnamese real estate law to ensure compliance with any current regulations and procedures.

@Hieu Land Thank you for your comments, any lawyer/law firm you may recommend on such matter? Thank you.

@ajairon totally true and correct info

@Pavard

    If you buy with only signature without your spouse and their spouse has never been to Vietnam, it's possible that the spouse's authorization may not be required for the sale. However, it's essential to confirm this with a legal expert who is well-versed in Vietnamese real estate law to ensure compliance with any current regulations and procedures.      -@Hieu Land

Good advice from member Hieu Land, especially that of consulting a lawyer in the event any objections/concerns are voiced by a potential buyer. If it were me, and no objection was raised by any interested third parties, I would sell the property and deal with the spouse after the fact.

I will add though that even if the foreigner purchased the property with only his signature as owner, and even if the foreigner's spouse has never been to Vietnam, if the foreigner had indicated on any of the purchase documents (receipts, tax remittances, property deed, resident's/occupant's info, etc)  that they were married at the time of purchase, this may throw up a hurdle to title transfer.

I invite you to read our Sticky Thread on the VN forum's main page, titled "Vietnamese Family Law Act", here. Click the link in the first post, and navigate your way down to "Section 3. MATRIMONIAL PROPERTY REGIME". You didn't mention whether one or both of the parties are Vietnamese. Should that be the case it would also be a consideration.

Please keep the forum updated on this. It will without doubt be of interest to other expats.

@Aidan in HCMC Thanks for your further comments and advice, will go through the Act in more details as you suggested - and to answer your question, I am referring to the situation when both parties are foreigners.

@Aidan in HCMC thanks a lot for your shared document. Art. 34, Art. 33 and Art. 26 (yes, read the content  in that order) prescribe this topic.

I think about a Lawyer in Family Affairs is more convenient and easy to find rather than one in Real States

Now: do both agree to sell but afraid about permissions?  In that case  the spouse abroad can do a notarized "Power to attorney" attaching the Marriage Cert and Passport authorizing the another to do the transactions and everybody happy.

Peace and love!

@ajairon

My lawyer told me it's important in any legal contract to dot all your t's and cross all your i's.