Thai Marriage Laws Prenuptial and Property
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Section 1472 of the Thailand Civil and Commercial Code. 'As regards to Sin Suan Tua (personal property), if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua'.
Besides each of the spouse's personal 'Sin Suan Tua' property, a Thai marriage creates common or marital property owned jointly between husband and wife (Sin Somros). Under Thai law all property acquired throughout the course of the marriage is marital property regardless of how title is held. Division of marital property takes place when the marriage comes to an end. Unless the parties can agree how to divide their properties the Court will divide the marital assetst subject to the above section 1472 of the Civil and Commercial Code and individual circumstance of the parties.
Marital property under Thai law consists out of 'benefit and income' (e.g. savings) and 'fruits' of each spouse personal property (e.g. rent received from a personal property) acquired during the course of the marriage will be devided equally as joint property between husband and wife. Often property of husband and wife during marriage will consist of a mix of personal and joint marital property. A practical solutions to dealing with the financial consequences of a marriage in Thailand is a prenuptial agreement and the administration of the couples finances and personal property during their marriage. It is under Thai law not possible to exclude the marital property rule in a prenuptial agreement.
Management of personal and marital property under Thai marriage laws
Management of personal property during marriage lies with each spouse, and each spouse shall remain the manager of his or her personal property. Management of certain jointly owned Sin Somros (as specified in section 1476 Civil Code) lies with both spouses jointly, or in case of prenuptial agreement sole management can be given to one of the spouses. Management of common marital property, other than provided for in section 1476, can be managed by each spouse separately without having to obtain consent from the other. Unless parties have made a marriage contract or prenuptial agreement before their marriage certain legal acts with regards to certain jointly owned properties must be managed jointly by the husband and wife.
In case of a marriage between a Thai and foreign national the couple can in principle choose which law will apply on their marital property regime. It is possible to choose for the law of the foreigner's home country, Thailand or a combination, subject to the conflict of laws principle and having made a valid choice of law. Each country has it's own rules on which law will be applied and it is recommended to seek local legal advice.
Recommended articles: Buying real estate on a Thai spouse's name and Prenuptial Agreements.
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