Selling a jointly owned house when the husband is abroad

A reader from Ho Chi Minh City asked: The couple owns a house in Vietnam. The husband is currently in the United States and cannot come back immediately. If the wife wants to sell the house, what procedures must be followed?

Lawyer Phung Thi Huyen (Ho Chi Minh City Bar Association) explained: Under Article 35 of the 2014 Law on Marriage and Family, the disposal of jointly owned real estate requires the written consent of both spouses, regardless of whether they reside in Vietnam or abroad. Therefore, the wife cannot legally sell the house without the husband’s valid authorization.

There are two legal scenarios:

1. Husband still holds Vietnamese nationality
   According to the 2023 Housing Law, Vietnamese citizens have full rights to own residential property in Vietnam. If the husband cannot be present, he may issue a power of attorney at the Vietnamese Embassy or Consulate in the United States, clearly stating the scope of authorization. This power of attorney must be notarized under the 2014 Law on Notarization. The wife can then use this document in Vietnam to sign the sale contract at a notary office.

2. Husband has renounced Vietnamese nationality and only holds U.S. citizenship
   It must be determined whether he still qualifies to own property in Vietnam. Articles 8 and 17 of the 2023 Housing Law allow overseas Vietnamese of Vietnamese origin to own residential property if they can prove their Vietnamese origin and meet entry requirements. Under Decree 95/2024, the husband must present a foreign passport and documents proving Vietnamese origin.

If the conditions are met, he retains the right to dispose of the property. In this case, the power of attorney signed in the U.S. must undergo consular legalization in accordance with Decree 111/2011 before being recognized in Vietnam.

Conclusion: The wife cannot unilaterally sell the jointly owned house. The husband, even while residing abroad, must authorize the transaction through a properly notarized and, if applicable, consularly legalized power of attorney.