Marital Property in Thailand

Marital property in Thailand is governed by the Civil and Commercial Code (CCC), particularly Sections 1465–1493, which set out rules on property rights, classification, management, and division between spouses. Understanding these provisions is essential for marriage registration, prenuptial agreements, and divorce settlements.

This guide examines the types of marital property, how they are managed during marriage, and how they are divided upon dissolution.

1. Legal Framework

The concept of marital property in Thailand distinguishes between Sin Suan Tua (personal property) and Sin Somros (marital or common property).

Key statutes:

• Civil and Commercial Code: Sections 1465–1493 (marriage and property regime).

• Conflict of Laws Act B.E. 2481 (1938): Governs international marriages involving foreign nationals.

• Civil Procedure Code: Governs disputes over division of marital assets.

2. Classification of Property

2.1 Sin Suan Tua (Personal Property) — Section 1471

This property belongs exclusively to one spouse and is not subject to division upon divorce. It includes:

1. Property acquired before marriage.

2. Personal use items (clothing, tools, professional equipment).

3. Property for personal use or necessary for occupation.

4. Property acquired by inheritance or as a gift to one spouse alone.

5. Khongman (engagement gift).

Income from Sin Suan Tua, however, is generally classified as Sin Somros unless otherwise agreed.

2.2 Sin Somros (Marital/Common Property) — Section 1474

This is jointly owned property acquired during marriage:

1. Property acquired together during marriage.

2. Income or fruits from Sin Suan Tua.

3. Property acquired by either spouse during marriage through labor, business, or as a gift to both.

3. Management of Property During Marriage

3.1 Management of Sin Suan Tua

• Each spouse has exclusive control over their personal property.

• No consent is needed from the other spouse to sell, mortgage, or lease Sin Suan Tua.

3.2 Management of Sin Somros — Section 1476

• Requires joint consent for important transactions, such as:

  • Selling or mortgaging immovable property.

  • Leasing property for more than three years.

  • Making gifts (except charitable or customary gifts).

  • Undertaking guarantees.

For ordinary transactions (e.g., paying household expenses), one spouse may act alone.

4. Prenuptial Agreements in Thailand

A prenuptial agreement can define how property is classified and managed, but:

• Must be in writing.

• Signed before marriage registration.

• Registered with the marriage at the local District Office.

Provisions contrary to public order or good morals are unenforceable.

5. Marital Debts

Under Section 1490, marital debts are those:

1. Incurred for household affairs and upbringing of children.

2. For necessary maintenance of marital property.

3. For obligations that both spouses jointly agree to undertake.

Both spouses are jointly liable for such debts.

6. Division of Property Upon Divorce

6.1 Legal Basis

• Upon divorce, Sin Somros is divided equally between the spouses (Section 1533).

• Sin Suan Tua remains with the original owner.

6.2 Divorce Scenarios

1. Contested Divorce — Court decides on asset division based on evidence.

2. Uncontested Divorce — Division can be agreed upon and recorded at the District Office.

6.3 Special Issues

• Assets hidden by one spouse can still be claimed if proven to be part of Sin Somros.

• Debts proven to be personal (not marital) remain the responsibility of the incurring spouse.

7. Inheritance and Marital Property

If one spouse dies:

• Sin Somros is divided equally between the surviving spouse and the estate of the deceased.

• The surviving spouse also inherits as an heir under Sections 1629–1635 CCC, depending on other heirs’ presence.

8. Foreigners and Marital Property

In marriages involving a foreigner:

• The governing property regime depends on the law of the place of marriage or the nationality of the spouses, per the Conflict of Laws Act.

• If married in Thailand, Thai marital property rules generally apply.

• For land ownership, restrictions under the Land Code apply — even if the foreign spouse is part of the Sin Somros, land must be registered in the Thai spouse’s name.

9. Real-World Case Examples

Case 1 — Hidden Bank Accounts
A husband transferred large sums to an undisclosed bank account during marriage. Upon divorce, the wife produced bank statements proving the funds came from marital income. The court ruled these amounts as Sin Somros and ordered equal division.

Case 2 — Property Purchased Before Marriage
A wife bought a condominium before marriage. Years later, during divorce proceedings, the husband claimed it was marital property because mortgage payments were made after marriage. The court classified the condo as Sin Suan Tua but ruled the post-marriage mortgage payments came from Sin Somros, granting the husband a proportionate claim.

Case 3 — Foreign Marriage Registered Abroad
A Thai woman married a U.S. citizen in California without a prenuptial agreement. Upon divorce in Thailand, the court applied Thai marital property rules to assets in Thailand, while assets abroad were handled under U.S. law.

10. Practical Considerations

• Document Everything — Keep records of when and how property was acquired.

• Joint Consent — Ensure both spouses agree in writing for significant property transactions.

• Prenuptial Agreements — Can prevent disputes over classification and division.

• Land Restrictions — Foreign spouses must understand limitations on land ownership even as part of Sin Somros.

11. Key Legal References

• Civil and Commercial Code: Sections 1465–1493 (marriage and property), Section 1533 (division upon divorce), Sections 1629–1635 (inheritance rights).

• Conflict of Laws Act B.E. 2481: Governing law for foreign marriages.

• Land Code: Land ownership restrictions for foreigners.

Conclusion

Marital property law in Thailand clearly distinguishes between personal and common assets, with specific rules for management, division, and debt liability. Awareness of these legal principles — combined with prudent documentation and possible use of prenuptial agreements — can prevent disputes and ensure fair division upon divorce or death.