Marital Property

Under sections 1465-1493 of the Thai Civil and Commercial Code (TCCC), marital property in Thailand is defined as property you and your spouse bring in after marriage. These assets become a major area of focus during a divorce, which can lead to the Thai court getting involved if you can’t come to an agreement on your marital property.

Continue reading this article to find out how the law defines Thai marital property, what it consists of, how to manage it, and what to do to protect it once a marriage is terminated.

What Counts as Marital Property in Thailand?

Marital property is also known under Thai law as “Sin Somros” and differs greatly from personal assets (Sin Suan Tua). Personal assets are those you acquire before a marriage is registered; you maintain sole ownership over them. Conversely, marital property in Thailand consists of the following:

• Any asset or property acquired during marriage.
• Any property that is joint-owned by you and your spouse. 
• Property received during marriage through a gift or will. 
• Any profits earned from a joint-owned property, either in the form of sale proceeds, rent, or dividends (also known as fruits of a Sin Suan Tua).

If there is any doubt about how to label a property after registering a Thai marriage, it will automatically be classified in Thai terms as a Sin Somros rather than a Sin Suan Tua. For instance, if you purchase a vehicle but cannot prove that it was bought using your own funds, it will automatically be classified as marital property.

Managing Marital Property in Thailand

Section 1476 of the TCCC firmly states that marital property has to be co-owned by the married couple. In some situations where the property is not being jointly managed, you or your married partner will need to seek consent from the owner to gain access to it.

According to Thai law, if your spouse maintains sole ownership over a marital property, you need to acquire their permission if you want to:

• Sell, exchange, or mortgage the property
• Establish or define the right to use, build, or change the property in question
• Rent out a piece of immovable property for at least 3 years
• Lend any of your spouse’s funds
• Partition the property as a gift (exceptions are made if the gift is made for charitable, familial, social, or moral reasons)
• Come to a compromise over a piece of property
• Submit an arbitration dispute
• Set up a property as a guarantee or security with the help of an authorized official or the Thai court  

The Importance of a Prenuptial Agreement

Jointly owned marital property can complicate certain Thai divorce settlements. While property is often divided equally when such situations arise, it can create issues if you desire personal ownership rights or oppose the way property is distributed.

Also, some properties such as housing and vehicles cannot be divided up so easily when your marriage is being disbanded. In such cases, you and your spouse have to settle who will maintain ownership over them, and if no compromise can be reached, you must sell it and divide the profits with your partner.

To make dividing marital property simpler, enter into a prenuptial agreement in Thailand with your partner.

A prenuptial agreement is a negotiation between you and your spouse over the distribution of Thai assets and property in the event of a divorce. It also covers the assets each party brings into the marriage and the management of such assets during marriage. You must have this drafted before registering your marriage in Thailand, signed in the presence of two witnesses (one from each partner), and registered at the Local District Office along with your marriage. A prenup is an important and useful legal tool for a variety of reasons:

• It protects your assets and property from being divided by the courts.
• It helps you maintain financial security by ensuring you are not burdened with an excessive amount of the debt incurred during the marriage.
• It lists down all the properties, making it easier to distribute them.
• It resolves how marital and joint-owned properties should be divided and which ones a partner can maintain ownership over.
• It can streamline a divorce case by reducing negotiation time and litigation fees.
• It prevents disputes over marital property and even personal assets.
• It lowers the chance of a divorce petition being contested by one of the married partners.

Drafting a thorough and legally binding prenup is simple with the help of a Thai Family Lawyer. The lawyer will be responsible for both drafting the agreement for you and guiding you throughout the prenup journey, up to and helping you register it with the government. Once you have the document ready and have appointed two witnesses, bring it with you to the Local District Office and file the prenuptial agreement alongside your marriage.

Professional Assistance with Protecting Your Property through Marriage and Divorce

Understanding the basics surrounding and managing marital property and marriage law is complicated, especially while going through a divorce. Misunderstanding these laws at this crucial moment could lead to mistakes that cost you dearly when property is divided.

To get a better grasp of what is considered marital property and how to safeguard these assets in the event of a divorce, call Siam Legal’s Thai Family Law team for assistance. We’ve been helping domestic and international clients with their legal and immigration issues for over 20 years, and can guide you expertly through this process.

Our professional Thai family lawyers have the skills and knowledge needed to draft an effective prenuptial agreement, advise you on managing marital property, help you navigate Thai marriage law, and protect your interests.

Contact Siam Legal as soon as possible to start effectively securing your marital and personal property.