Division of land use rights as joint marital property upon divorce under the 2024 Law on Land: Shortcomings and directions for improvement

This study examines the legal provisions governing the division of land use rights as joint marital property upon divorce under the 2024 Law on Land and related legislation. Using legal analysis, synthesis, comparison, and commentary based on the 2014 Law on Marriage and Family, the 2024 Law on Land, implementing regulations, and selected judgments, the study identifies several practical difficulties. These include determining each spouse’s contribution, applying the fault factor, handling land use rights involving third-party disputes, and recognizing agreements between spouses. Although the existing framework provides a legal basis for resolving such disputes, inconsistent interpretation and application may affect the parties’ legitimate interests and prolong proceedings. The study proposes clarifying assessment criteria, improving mechanisms for handling third-party rights, strengthening the recognition of lawful agreements, and ensuring effective registration of changes after property division.